Rep. Andria L. Bennett

This Act clarifies existing law so that an individual is not disqualified from possessing or purchasing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Section 1 of this Act modifies Delaware’s Earned Income Tax Credit (EITC) to allow recipients to choose the most beneficial credit to be applied against their Delaware Personal Income Taxes. Under this Act, recipients can choose between a non-refundable credit of up to 20% of the value of the corresponding federal EITC or a refundable EITC credit of up to 4.5% of the value of the corresponding federal EITC. Section 2 of this Act makes the change to Delaware’s EITC effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue’s modernized Integrated Revenue Administration System, which is currently under development. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill allows the Department of Correction to implement prison nurseries, which would allow women inmates that give birth during their time incarcerated the option of raising their infant up to the age of 18 months. Studies have shown that prison nurseries allow a mother and child to bond during this critical time of infancy and in turn lowers recidivism rates of these women inmates. This bill would further take the burden off of the foster care system and reduce the damage done between the mother and child relationship as a result of imprisonment.

This Act allows registered qualifying patients and registered designated caregivers to grow limited amounts of medical marijuana if the following requirements are met: 1. The Department of Health and Social Services approves an application to cultivate and manufacture medical marijuana. This application must include an affidavit attesting to the applicant’s ability to meet all of the requirements under this Act. 2. Only 6 mature plants and 6 immature plants may be cultivated for each registered qualifying patient and a designated caregiver can cultivate marijuana for no more than 3 registered qualifying patients. 3. Marijuana must be cultivated at the home address of record for the registered qualifying patient or designated caregiver. 4. Each marijuana plant must have a tag containing the registered qualifying patient’s name, address, and registry identification number. This Act is known as “The Delaware Patient Right to Grow Act”. 5. Marijuana must be cultivated in an enclosed, locked facility with an electrical system that is compliant with all State and local codes and waste must be disposed of safely, in the manner required by regulations for compassion centers. 6. Marijuana may not be cultivated using pesticides or manufactured using compressed, flammable gas as a solvent. 7. Detailed monthly records must be maintained regarding the amount of marijuana being cultivated. This Act also gives the Department the authority to perform random inspections of home cultivation facilities and to require the production of the detailed monthly records. Unless there is credible reason to suspect a violation of this Act, the Department may only perform 2 inspections of the same location in a 12 month period. The Department must provide at least 5 days to correct a violation and the opportunity for a hearing on a decision to revoke approval to cultivate and manufacture marijuana. A registered patient or qualified caregiver has at least 5 days after the Secretary's final decision to revoke approval to cultivate and manufacture marijuana to properly dispose of the marijuana plants. This Act also allows a landlord, homeowners association, or common interest communities to prohibit the cultivation of marijuana and requires that the annual report from the Medical Marijuana Act Oversight Committee provide data and recommendations regarding home cultivation of marijuana. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Council on Development Finance was identified as needing to simplify the party balance requirement to make it easier to fill vacancies and update language regarding appointments and quorum. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Concurrent Resolution extends the due date of the Pharmacy Reimbursement Task Force's report to March 31, 2020.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.

Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.

This Act requires that a former foster parent of a child be considered a preferential placement option for a child when the child is placed for adoption less than 13 months after the end of the foster placement.

This Act permits the Division of Motor Vehicles to assign special license plates for firefighters, auxiliary members, or volunteer ambulance members to vehicles owned by an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.