The first year of the 152nd Delaware legislative session came to a close Friday.
Lawmakers passed bills including the legalization of recreational marijuana, police reform, mental health bills, curbing climate change and more. Many pieces of legislation now await Gov. John Carney’s signature.
The bills that just passed one chamber are by no means dead. Since it was just the first year of the legislative session, lawmakers can still push for their respective bills to pass next year without having to start over.
Here’s a breakdown of what was – and what wasn’t – passed by the General Assembly this year.
What passed?
Recreational marijuana
After a nearly decadelong fight, lawmakers finally passed legislation this session to legalize recreational marijuana and create an industry here in Delaware.
The governor allowed the bills to pass without his signature, opting to not veto the bills as he did last year.
“I want to be clear that my views on this issue have not changed,” the governor said at the time. “And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation.”
The first bill legalizes “personal use” quantity of marijuana, which varies by form, for people ages 21 and older. The second bill creates and regulates the recreational marijuana industry in Delaware. Within 16 months of the legislation going into effect, the state will distribute 30 retail licenses through a competitive bidding process.
The recreational industry is expected to bring in tens of millions of dollars in tax revenue.
THE FULL STORY:Carney allows Delaware weed bills to become law without signature. ‘It’s time to move on’
Police reform
After years of negotiating and little progress, Democrats passed the most substantial police reform bills in decades.
The bills require police agencies to publish internal investigations into use-of-force and other substantiated claims made against police officers. It’s nearly impossible for Delawareans to access officer misconduct records.
Agencies will also be required to follow the same uniform standards and establish police accountability boards.
HOW IT HAPPENED:With the governor’s signature, major reforms are coming to Delaware police agencies
Climate change
Democrats passed legislation to reduce greenhouse gas net emissions by 50% by 2030 and reach a 100% net reduction by 2050.
The bill requires the state to write a climate action plan in order to meet these goals.
Lawmakers also passed three other environmental bills, which all head to the governor:
- House Bill 12 codifies the state’s Clean Vehicle Rebate program, allowing up to a $2,500 rebate for electric vehicles and a maximum of $1,000 for hybrid vehicles that retail up to $60,000.
- House Bill 10 requires the Department of Education to have 5% of buses that are replaced in fiscal year 2025 be electric. This percentage then increases each year until it reaches 30% in 2030.
- House Bill 11 requires, in 2025, new commercial buildings built with a foundation footprint of 50,000 square feet or greater to have a roof that supports solar infrastructure.
WHAT YOU NEED TO KNOW:Delaware lawmakers introduce bills to dramatically reduce greenhouse gas emissions by 2050
Tenant right to representation
Tenants will now have the right to representation during eviction proceedings.
The bill, which has the support of the governor, provides legal representation to those whose household income is less than 200% of the federal poverty guidelines. It also creates a pretrial diversion program, with the hopes of resolving tenant-landlord disputes before they ever reach the courtroom.
THE DETAILS:Delaware lawmakers pass bill to give tenants right to counsel during eviction proceedings
Health bills
Here are the health bills passed by lawmakers:
- Doula services are to be covered by Medicaid starting in 2024.
- Large health care facilities, including hospitals, will no longer be allowed to use certain debt collection practices.
- Students would have access to support and services following a traumatic event that affects a large portion of students, including the death of a member of the school community. The Department of Education would be responsible for covering the cost of in-school grief counseling for students for at least 45 days.
- State employees who experience a miscarriage, pregnancy loss or stillbirth will have up to five days of paid leave to recover emotionally or physically, according to House Bill 65. It does not apply to school employees.
Certification for recovery homes
Under this bill, state agencies, courts or entities that contract with the state will not be able to refer people to a recovery house in Delaware unless it’s a certified sober home or is in the process of getting certified. Only certified homes will be eligible to receive state or local funding.
For homes that do not yet have certification, the referring agency must receive confirmation from the certifying organization that the recovery house has applied for accreditation.
Major bills that didn’t pass?
Permit to purchase
Once again, legislation to require Delawareans to obtain a permit and complete training before purchasing a handgun stalled in the House of Representatives.
The bill, which passed the Senate, would require residents to take a firearm training course sometime in the past five years. Current and retired police officers and residents who are allowed to carry concealed weapons would be excluded, as these groups have already received the necessary training.
A person would then apply for a permit from the state once the class is completed. They can appeal the decision if they are denied.
Pennsylvania and Delaware are the only states in the region to not have enacted this type of legislation.
Yet, the governor and newly elected House Speaker Valerie Longhurst said late Friday that they plan to support and pass this legislation next year.
THE FULL STORY:Delawareans debate if residents need to receive training before buying a handgun
Dementia care
A long-term care legislative task force this spring produced more than a dozen recommendations to improve nursing homes and assisted living facilities in Delaware, particularly for dementia care.
Lawmakers introduced a number of bills as a result, yet advocates and industry members questioned and criticized aspects.
Here are two of the bills that didn’t get voted on this year:
- Senate Bill 150: Defines dementia care in state code. It would also require facilities providing dementia care to have “a sufficient number of dedicated staff to meet the individual needs of each resident.” The bill doesn’t provide specific numbers. All staff working with these residents would be required to complete “12 hours of initial dementia care services training.”
- Senate Bill 151: Requires facilities that market dementia care services to complete a “written notice” which would, among several things, show it is certified to provide dementia care.
THE DETAILS:Why no one seems to agree on how to improve dementia care inside Delaware long-term care
