Inside this issue
  Governor Reluctantly Okays Recreational Marijuana in Delaware  
 

Delaware will soon become the 22nd state to legalize recreational marijuana.

Gov. John Carney today issued a statement that he will allow two legalization bills -- House Bills 1 & 2 -- to become law without his signature. Allowing legislation to sit on his desk for ten days without action is a backhanded way for the governor to enact the measures while symbolically showing disapproval for an initiative he's previously opposed.

"I want to be clear that my views on this issue have not changed," Gov. Carney said. "And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation. I came to this decision because I believe we've spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It's time to move on. 

House Bill 1, which will become law on April 22, will eliminate the civil penalty for adults possessing or using up to one ounce of marijuana. Possession of "personal use" amounts of marijuana was decriminalized seven years ago, but this will remove the remaining $100 fine that can still be imposed under current law. 

House Bill 2 (a.k.a. the Delaware Marijuana Control Act) will become law on April 26. It will establish the framework for marijuana sales, set taxes and fees, create licensing, and institute the office of the Marijuana Commissioner that will promulgate the necessary rules to carry out the statute.

While both bills will become law before the end of the month, don't expect to see legal sales of marijuana anytime soon. Writing and approving the regulations and setting up the bureaucracy needed to facilitate all aspects of the new industry will likely take one to two years. After New Jersey voters approved recreational marijuana sales in November 2020, more than two years passed before the first retail shops opened to the public.

 

Top

  Join us for Lunch with State legislators  
 
Click here to register for the event.
 

Top

  Land Use Bills pass House of Representatives  
 

HB 102 (re: entrance permits) and HB 104 (re: land use planning), part of the Ready in Six package, and supported by ABC passed the House on 4/6/23. These bills have been assigned to the Senate Economic Development Committee.  For a copy of HB 102, click here.  For a copy of HB 104, click here.

HB 102 is an act that directs DelDOT and DNREC to develop a program to allow for the expedited review of entrance plans and stormwater and sediment plans associated with new development. Under this process, a consultant pre-approved by DelDOT and/or DNREC would conduct the review and the costs would be paid directly by the developer. The state agencies are charged with developing policies and procedures to protect against potential conflicts of interest in the use of private consultants.

HB 104 - The state's pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulflled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant.

 

Top

  Two other land use bills await action  
 

HB 101 (expedited review of entrance plans) and HB 103 (impact fees) await action in the Delaware General Assembly this year. For a copy of HB 101, please click here. For a copy of HB 103, please click here

HB 101, directs DelDOT and DNREC to develop a program to allow for the expedited review of entrance plans and stormwater and sediment plans associated with new development. Under this process a consultant pre-approved by DelDOT and/or DNREC would conduct the review and the costs would be paid directly by the developer. The state agencies are charged with developing policies and procedures to protect against potential conficts of interest in the use of private consultants.

HB 103,  is bill that deals with transportation infrastructure. This is critical to the safe and efficient movement of people as well as goods and services throughout the State. The Delaware Strategies and Spending identifies various investment levels to help prioritize State infrastructure funding, with investment levels 1 and 2 representing the areas of highest priority. However, there are many transportation facilities within these areas which do not meet the current standards and rely on development projects to construct improvements, resulting in unpredictable costs and fragmented infrastructure. This act creates a transportation impact fee for areas within state strategies and spending levels 1 and 2 that are not currently within an approved Transportation Improvement District. The impact fee ensures that development contributes a reasonable, responsible share of the transportation impact to fund off-site improvements including but not limited to bringing substandard roads to current standards, improving pedestrian facilities, and upgrading deficient intersections, while allowing the Department of Transportation to implement the improvements in a more cohesive way. The fees are to be utilized within the counties where they are collected. 

ABC will keep you updated on the progress of these bills.

 

Top

  Bill to reduce Contractor Registry fee introduced  
 

HB 97,  an act that decreases the Contractor Registration Fee for contractors who do not have a state contract and have 3 or less employees was introduced and had a  hearing in the House Labor committee and was not released for full vote in the House. It would have reduced the fee from $300 every two years to $150.   For a copy of HB 97, please click here.  For copy of the fiscal note related to this bill, please click here.  

 

Top

  Controversial Gun Control Measure Returns in Senate  
 

A bill introduced in the state Senate would require Delawareans to obtain a "qualified purchaser card" before buying a handgun.

Senate Bill 2, filed by Senate Majority Whip Elizabeth Lockman (D-Wilmington West), would require an individual to be fingerprinted, undergo a criminal background check, and complete a firearms training course to acquire a card. Concealed carry permit holders, law-enforcement officers, and retired officers would be exempt from the mandate.

Thus far, the measure has 16 Democratic sponsors or cosponsors.

A similar proposal was introduced in the 151st General Assembly and cleared the Senate in a contested vote in 2021, but it died awaiting action in the House Appropriations Committee. Implementing that legislation would have cost taxpayers $3.6 million annually.

The legislation mandates that the training coursework course contains 11 components, including firearms handling, live shooting exercises, suicide prevention, and methods for avoiding a criminal attack and managing violent confrontation. Applicants would be responsible for covering the cost of training, except for those whose household incomes were at or below 200% of the federal poverty guideline. These low-income citizens would be eligible for a state voucher for the entire training expense.

At least 14 states have enacted some form of permit-to-purchase law, including New Jersey and Maryland. In 2007, Missouri repealed a permit-to-purchase law that dated back to the 1920s. Iowa removed a similar requirement in 2021.

Senate Bill 2 is pending action in the Senate Judiciary Committee.

 

 

Top

ABC Legislative Committee

Thursday, May 25th, 8:30 a.m. ABC Boardroom

HobNob on the Green

Thursday, May 18th, 11:30 a.m. - 1:00 p.m. Legislative Hall in Dover.  Free to all members. Click here to register.