Sen. Tizzy Lockman

This Act revises the State's Gold Alert Program to include missing children and increase dissemination of information to the public to better assist the State's search efforts. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act makes various amendments to the Childhood Lead Poisoning Prevention Act to improve compliance with its testing and reporting requirements. First, this Act requires physicians to take a training program every 2 years relating to the provisions of the Childhood Lead Poisoning Prevention Act. Second, it requires the Division of Public Health to develop electronic forms to be used at a child’s 12 and 24 month well visit that record lead screening results and are shared with the Divison. Third, it clarifies that laboratories and health care professionals involved in blood lead level analysis must report results to the the Division of Public Health. Finally, it requires the Division of Public Health to share data with school nurses relating to whether an enrolled student has been screened for lead poisoning.

In 2017, the federal Tax Cuts and Jobs Act (TCJA), Public Law No. 115-97, suspended many itemized deductions from individual federal taxes until January 1, 2026, including the itemized deduction for costs to maintain membership in a labor organization. Senate Bill No. 72 created a tax credit for resident individuals equal to the annual cost, not to exceed $500, to the individual to maintain membership in a labor organization. Senate Substitute No. 1 for Senate Bill No. 72 made the annual cost to a resident individual to maintain membership in a labor organization an itemized tax deduction, not to exceed $500. Senate Amendment No. 1 to SS 1 for SB 72 sunset this itemized deduction when the federal tax deduction for costs to maintain membership in a labor organization is restored. Like SS 1 for SB 72, Senate Substitute No. 2 for Senate Bill No. 72 creates an itemized tax deduction for the annual cost to a resident individual to maintain membership in a labor organization. SS 2 for SB 72 differs from SS 1 for SB 72 as follows: 1. It does not allow an individual to take this deduction if the individual has taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization. 2. It clarifies that this exemption does not include payments that are not deductible under federal law for amounts paid to or through a labor organization for employee benefits, pension contributions, other compensation, or that were used in connection with lobbying or political expenditures, or settlement or investigatory costs or assessments of a government entity. 3. Does not define “labor organization”, because under § 1101 of Title 30, it has the same meaning as when used in federal law in reference to federal income taxes. If an individual deducts any cost to maintain membership in a labor organization from their federal income tax return, that deduction flows through to the state return. By limiting this deduction to individuals who have not taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization, SS 2 for SB 72 does not need to sunset, because if federal law restores or creates a similar deduction in the future and an individual uses that deduction, the individual cannot claim the same deduction again on their state income tax return. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act establishes a Delaware Educator Apprenticeship Program to be developed by the Department of Education. The Department of Education will work with the Department of Labor to create a program that places aspiring teachers in paid positions in schools, while the teacher candidates complete the training and schooling necessary to become a Delaware credentialed teacher. This program will complement the Grow Your Own Educator Program and teacher residency programs to create a low-cost pathway for aspiring teachers to earn their teaching credentials and will address the educator shortage in Delaware. A pilot program will be created for the 2023-24 school year between 1 institute of higher education and 1 district or charter school. The program shall be expanded if interest and funding is available for the 2024-25 school year and thereafter.

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.

This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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.

According to a recent CDC survey, the COVID pandemic exacerbated an existing mental health crisis for students. One in 5 school aged children has a mental health condition, and 45% of children may have experienced a traumatic event. This bill provides for excused absences for the mental or behavior health of a student and requires that any student taking more than 2 such excused absences will be referred to a behavioral health specialist. This bill provides a supplemental tool to identify students struggling with mental and behavioral health issues and legitimizes these struggles faced by many students. Moreover, this bill makes clear that the mental and behavioral health of students is a priority in this State.

This Act is Nolan’s Law. The purpose of this legislation is to provide more behavioral health supports to school districts and charter schools in the aftermath of a school-connected traumatic event, which is defined as the death of any student, educator, administrator, or other building employee of a public school. The Department of Education is charged with developing guidance, best practices, and written resources for schools dealing with a school-connected traumatic event. The Department must consult with behavioral health specialists and school-based mental health professional organizations such as NAMI, Delaware, Delaware Association of School Psychologists, Delaware School Counselors Association, and the School Social Workers Association of Delaware. The Department must finalize these items by January 1, 2024. This legislation also requires the Department to cover the costs of grief counseling offered to students for up to thirty days after a school-connected traumatic event. In an effort to create a more standardized approach for the occurrence of a school-connected traumatic event, this bill charges each school district and charter school to establish a detailed crisis response policy that must meet a minimum number of required policies and procedures. Policies must be adopted by the school district or charter and distributed to the Department of Education by September 1, 2024.

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.