This Act is a substitute for Senate Bill No. 87. Like Senate Bill No. 87, this Act does the following: (1) Clarifies that the exemption from the realty transfer tax for conveyances to or from an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code when the purpose of the conveyance is to provide owner-occupied housing to low and moderate income households applies to rehabilitating residential properties and reselling the properties without profit and to constructing residences on properties and reselling the properties without profit. (2) Exempts any portion of a conveyance in which it is the grantee’s intent to construct affordable housing units and the conveyances are financed using funding provided by the federal government, this State, or a county or municipality of this State for the purpose of constructing affordable housing units, defined as a residential dwelling for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development. (3) Clarifies that individuals are first-time homebuyers if they intend to occupy the property being conveyed as their principal residence after the construction of a residence on the property to include circumstances where the residence cannot be built within 90 days after the property is purchased. (4) Corrects the first-time homebuyer definition related to individuals purchasing as joint tenants or cotenants to replace “none” with “neither” to conform the number of joint tenants or cotenants indicated by the indefinite pronoun to the number indicated by the use of “both” later in the sentence. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 87 by removing the exemption created by Senate Bill No. 87 for any portion of a conveyance financed through the federal Low Income Housing Tax Credit program.
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This Act adds xylazine and it isomers, esters, ethers, salts and salts of isomers, esters and ethers to Schedule III of the Delaware Uniform Controlled Substances Act and expands the authorization for the distribution of testing strips to determine the presence of controlled substances. According to the United States Drug Enforcement Administration, the emergence of xylazine across the United States appears to be following the same path as fentanyl, starting in the Northeast and then spreading to the South and working its way into drug markets westward, and the low cost of xylazine contributes to xylazine’s increased presence in the nation’s illegal drug supply. Xylazine is approved only for veterinary use, xylazine is a non-opioid with increasing presence as an adulterant, often in conjunction with opioids, in the illicit drug supply. When used alone and in conjunction with other drugs, xylazine is implicated as a cause or contributing cause of death in the United States. When used in conjunction with an opioid, such as heroin or fentanyl, xylazine may worsen respiratory depression in the event of a drug overdose, and because xylazine is not an opioid, naloxone is not known to be effective at reversing overdoses, and there is no known antidote or reversal agent for xylazine overdose in humans. This Act also exempts testing strips from the drug paraphernalia statute and expands the limitations on liability for lay individuals and organizations that provide a drug testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm. This Act becomes effective upon the expiration of the Emergency Order issued by the Secretary of State placing Xylazine in Schedule III of the Uniform Controlled Substance Act or November 29, 2023, whichever is earlier.
This Act amends Chapter 25, Title 24 of the Delaware Code relating to the Practice of Pharmacy. The amendments authorize pharmacists to engage in “collaborative pharmacy practice” with one or more “practitioners” meaning individuals who are authorized by law to prescribe drugs in the course of professional practice. Pharmacists may also do so pursuant to a “collaborative pharmacy practice agreement,” which means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for a collaborative pharmacy practice.
This Act requires that an owner be reimbursed up to $1,500 annually for veterinary care expenses paid by the owner for the care of a retired law-enforcement canine. The Department of Safety and Homeland Security shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the State Police and Capitol Police. The State Fire Prevention Commission shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the Office of the State Fire Marshal. The Department of Correction and the Department of Natural Resources and Environmental Control shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines that assisted their respective divisions. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement canines that retire before the implementation date of this Act.
This Act changes the composition of the Commission and further clarifies the definition of “veterans” as it pertains to this Section of Title 29. The Delaware Commission of Veterans’ Affairs is comprised of members, appointed by the Governor, who represent specific veteran organizations. The United States Congress defines the Korean War Era as June 27, 1950 to January 31, 1955, and today most living Korean War Veterans are in their upper 80s or lower 90s. This amendment will redesignate the seat to an organization that is self-perpetuating and whose membership will continue on, and also serve to provide the diverse representation of all veterans. Also preserved is the ability of the current Korean War Commissioner to remain as a Commissioner until his term expires or that seat otherwise becomes vacant. The sole remaining active Chapter of the Korean War Veterans of America in Delaware is in the process of being disbanded due to lack of membership. The Office of Veterans Services is staffed by individuals employed by the State, but who have been required, by reference to the definition of “veteran,” to have “served honorably.” Staffing of the OVS, including the veterans’ cemeteries, has been challenging. This amendment clarifies that a veteran, for qualification as a commissioner, must have been discharged under other than dishonorable conditions. This clarification is consistent with federal laws and regulations regarding the definition of “veteran.”
This Act requires that doula services be covered by Medicaid in Delaware by January 1, 2024. It follows up on HB 343 from the 151st General Assembly which required the Division of Medicaid and Medical Assistance to submit a plan for implementing this coverage, and draws on that completed report.
This Act requires physicians who are discontinuing business, leaving the State, or terminating a patient-physician relationship for any other reason to notify affected patients at least thirty days prior to the discontinuation of services via first class mail and an electronic message if electronic communication is available. It removes the requirement that physicians ending a patient-physician relationship publish a notice in a newspaper of daily circulation. Notice sent to patients must include information about how the patient may obtain their medical records and information about other physician services in the area that are available to patients who will require continued medical care. This Act further adds that a patient receive notice by electronic message, if available, when a physician dies and has not transferred patient records to another health-care provider. Finally, this Act makes technical changes to create consistency with those sections being amended by SB 74 of the 152nd General Assembly, relating to the transfer of medical records in other health-care professions.
This bill increases the amount of money the Town of Delmar is permitted to raise from levying and collecting taxes from $1,000,000.00 to $2,500,000.00.
This Act clarifies when reports of child abuse or neglect, including suspected human trafficking of a child, are required to be made orally to the Department’s report line and when they may be made via the Department’s online reporting portal. This Act also clarifies that licensed professionals who make reports may not remain anonymous.
This Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways: 1. Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation. 2. Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.