| SB 112 | Committee | Lawson | This Act renames the Delaware State Police Training Academy as the "Colonel James L. Ford, Jr. State Police Training Academy" in honor of Colonel Ford’s lifelong dedication to public service. It acknowledges his distinguished career with the Delaware State Police, where he held various leadership roles, ultimately serving as Superintendent. The Act also recognizes his significant contributions to law enforcement training, education, and public safety, as well as his service as Cabinet Secretary of Public Safety and Homeland Security. | AN ACT TO RENAME THE DELAWARE STATE POLICE TRAINING ACADEMY IN HONOR OF COLONEL JAMES L. FORD, JR. |
| SB 113 | Committee | Sokola | This Act adds the existence of the Division of Legislative Services and the Office of the Controller General into Delaware Code.
Chapter 11 of Title 29 details the creation of Legislative Council, as well as the authority of the Council to appoint a Director of the Division of Legislative Services (Director) and a Controller General. Chapter 11 further states that the Director shall organize and supervise the Division of Legislative Services and that the Controller General may be provided with additional employees to enable the Controller General to perform their duties. However, our Code does not create the Division of Legislative Services or the Office of the Controller General, which are the offices overseen by the Director and Controller General, respectively. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LEGISLATIVE COUNCIL. |
| SB 114 | Committee | Wilson | This Act requires a municipality to comply with all limitations and requirements contained in Chapter 95 of Title 29 and § 120 of Title 22 whenever the municipality uses eminent domain to acquire real property. This Act prohibits a municipality from using eminent domain to acquire real property for recreational use.
Additionally, a municipality shall hold a public hearing before using eminent domain to acquire real property. A municipality shall give notice of the public hearing at least 10 days prior to the date of the public hearing by doing all of the following:
Publishing an advertisement in a newspaper of general circulation in the municipality or in the county in which the municipality is located.
If the owner can be identified, by mailing written notice by certified mail to the owner of the real property the municipality plans to acquire by eminent domain.
The required notice must include all of the following information:
A description of the real property to be acquired.
The public use for which the real property is to be acquired.
The time and place for the public hearing.
At the public hearing, all of the following must be explained:
The public use for the real property is to be acquired.
The reason for choosing the real property for the public use.
The right of each owner of the real property to receive just compensation under Chapter 95 of Title 29.
The right of each owner of the real property to negotiate, including the right to accept or reject the offer of damages required under Chapter 95 of Title 29.
Public comment must be allowed at the public hearing and any objection raised at the public hearing must be considered.
This Act also updates the condemnation procedure in Chapter 61 of Title 10 to require a municipality bringing a condemnation action to show compliance with the public hearing requirement in § 120 of Title 22 in its complaint.
This Act applies to condemnation proceedings filed after the Act’s enactment into law.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law. | AN ACT TO AMEND TITLES 10, 22, AND 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION AND THE EXERCISE OF EMINENT DOMAIN. |
| SB 117 | Committee | Sturgeon | Early access to language is essential to child development. Children identified as Deaf or hard of hearing, rely on hearing aids for language development. Language development leads to success in school. Medicaid coverage of hearing aids for children younger than 21 years old applies only to children who qualify. Delaware currently requires private insurers to provide minimum coverage of $1,000 for each hearing aid for individuals younger than 24 years old, covered as a dependent by the policyholder. The cost of pediatric hearing aids can vary widely but can cost from $3,000 to $5,000 out-of-pocket. This can be too expensive for families who are not qualified for Medicaid coverage, even with the current $1,000 coverage requirement.
This Act increases the minimum required coverage for hearing aids by requiring insurers to cover the entire cost of medically necessary hearing aids, and the services of a hearing care professional related to prescribing, fitting, or dispensing the hearing aid or earmold, for individuals younger than 24 years old, covered as a dependent by the policyholder. Insurers are required to cover hearing aids at least every 3 years, or sooner if new hearing aids are medically necessary. For hearing aids with earmolds, insurers are required to cover earmolds at least annually, or sooner if new earmolds are medically necessary. For purposes of the coverage requirement, “hearing aid” means any non-experimental, wearable instrument or device designed for the ear and offered for the purpose of aiding or compensating for impaired human hearing and any related parts, attachments, or accessories, including earmolds.
The required coverage for hearing aids applies to all of the following:
1. Individual policies under Chapter 33 of Title 18.
2. Group and blanket policies under Chapter 35 of Title 18.
3. The State employee health plan under Chapter 52 of Title 29.
The Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2026.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and reorganizes paragraphs for clarity. | AN ACT AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO HEARING AID COVERAGE FOR INDIVIDUALS YOUNGER THAN 24 YEARS OLD. |
| HS 1 for HB 104 | Committee | Yearick | This Act is a substitute for House Bill No. 104. This Act differs from House Bill No. 104 in that it corrects a typographical error in the Act and removes language from the synopsis that is not applicable to House Bill No. 104 or this Act.
Like House Bill No. 104, this Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following:
(1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person.
(2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence.
(3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus.
(4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 enumerated traffic violations, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.
(5) Enables an off-duty police officer to make an arrest at any location in this State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS. |
| HB 129 | Committee | Romer | Currently, if a child’s criminal case is transferred by the Family Court to Superior Court, or if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order.
This Act also makes technical corrections to conform with H.B. 115 of the 151st General Assembly, which was enacted into law on November 8, 2021 and prohibited transfers to Superior Court for children under the age of 16 in all but the most serious offenses. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF COURT DECISIONS ON MOTIONS TO TRANSFER. |
| SB 118 | Committee | Pettyjohn | In the 151st General Assembly, SS1 to SB 258 was passed, which permitted pet owners to pursue compensatory damages without limitation for veterinary bills incurred to care for a pet that was injured by the negligence, reckless, or intentional acts of another individual or that individual's pet. This act removes a sunset provision that would have these changes expire on October 14, 2025. | AN ACT TO AMEND CHAPTER 472, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS. |
| SB 119 | Committee | Pettyjohn | There is a conflict in Delaware law related to determining whether the name of the husband who dies during the period between the creation of the embryo and placement of the embryo should or can be entered on the birth certificate as the father of the child conceived.
Because of this conflict, this Act directs the State Registrar of Vital Statistics to immediately amend the birth certificate of the impacted individual, Levi Ryan Murray, to include the name of his father, Ryan Murray, on his birth certificate.
This Act is necessary so that this child’s birth certificate can be completed while the General Assembly considers how to resolve this conflict in the law generally. | AN ACT DIRECTING THE STATE REGISTRAR OF VITAL STATISTICS TO ISSUE A BIRTH CERTIFICATE WITH THE NAME OF THE FATHER OF LEVI RYAN MURRAY. |
| HB 132 | Committee | Phillips | Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. This Act repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly intends to eliminate any outstanding balances owed on these fees. | AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 21 OF THE DELAWARE CODE RELATING TO THE ELIMINATION OF CERTAIN FEES. |
| HB 153 | Committee | Gorman | This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11.
This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION. |
| SB 120 | Committee | Mantzavinos | This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for biomarker testing, when the test is supported by medical and scientific evidence. The Act applies to all such policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2026. | AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE. |
| SB 121 | Committee | Huxtable | This Act makes amendments to the Charter of the Town of Dewey Beach. Section 1 strikes language regarding budget requirements and process in Section 8(c) of the charter in favor of language that is currently included in Section 22 of the charter, concerning the Town Budget.
Section 2 of the Act provides that the Town Manager is responsible for parking administration, in addition to the other enumerated responsibilities of the Town Manager under the current charter.
Section 3 of the Act provides that the Town Manager, with the concurrence of the Audit Committee, may terminate the contract of an independent audit firm's contract to perform audit services for the Town.
Section 4 of the Act provides that any candidate for Chief of Police who is not certified by the Delaware Council on Police Training must complete the necessary training for certification within 1 year of the date of employment, as a condition of employment.
Section 5 of the Act provides that the Beach Patrol Captain is required to serve under a contract of no more than 3 years.
Section 6 of the Act strikes redundant language regarding the town's power to borrow money, in favor of language currently included in Section 26 of the charter, concerning Borrowing Money and Issuing Bonds.
Section 7 of the Act amends Section 26 of the charter to provide that bonds or other forms of certificates of indebtedness issued by the Town are exempt from all state, county, or municipal taxes and that the Town's indebtedness, in the aggregate, may not exceed $3 million at any one time.
| AN ACT TO AMEND THE CHARTER OF THE TOWN OF DEWEY BEACH. |
| SB 122 | Committee | Huxtable | This Act supports critical health care workforce research and planning efforts by giving the Division of Public Health and the Delaware Health Care Commission the ability to obtain comprehensive workforce-related data from the Division of Professional Regulation. It requires the Division of Public Health’s Office of Healthcare Provider Resources to collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to determine what data should be collected from health care providers during the licensing and renewal process to assist the Division of Public Health with workforce research and planning. This Act also directs the Division of Professional Regulation to collect health care workforce-related data during the licensing or renewal processes. The data collected will be for purpose of health care workforce research and planning and will not include personal information such as personal financial information.
The health care provider licensing process provides a rich opportunity for this State to obtain information it needs to ensure that its health care workforce is equipped to meet the needs of Delaware residents. Collecting data with the goal of informing health care workforce research and planning is a common practice nationwide, with at least 28 states collecting health care workforce data as part of the licensing process. Such data will fill crucial gaps in the Division of Public Health’s ability to understand health care workforce needs and develop policies and programs aimed at meeting them.
As is currently the case, health care workforce data collected by the Division of Professional Regulation may only be used for official state business. This Act provides that official state business includes the following purposes specific to health care workforce research and planning:
1. Identifying and tracking data related to Health Professional Shortage Areas (HPSAs), Maternity Care Target Areas (MCTAs), and Medically Underserved Areas and Populations (MUA/Ps), and other initiatives identified by the United States Department of Health and Human Services.
2. Health care workforce research and planning.
3. Understanding issues related to supply, demand, distribution, and use of health care workers.
4. Informing health care workforce policy.
This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE WORKFORCE PLANNING. |
| HB 131 | Committee | K. Williams | This Act fosters the humane treatment of animals and prevents animal cruelty by prohibiting retail pet stores from selling dogs or cats. It further authorizes retail pet stores to collaborate with animal shelters and animal rescue organizations to offer space to showcase dogs or cats for adoption. The Office of Animal Welfare will be responsible for enforcing this Act. Retailers will receive a civil penalty of no more than $500 for each prohibited sale.
This Act takes effect 6 months after its enactment into law. | AN ACT TO AMEND TITLES 6 AND 16 OF THE DELAWARE CODE RELATING TO PET STORES AND ANIMAL WELFARE. |
| HB 150 | Committee | Gorman | This bill prohibits civil arrests from being made in courthouses without a judicial warrant. | AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS. |
| HB 151 | Committee | Gorman | This Act prohibits the operation of private detention facilities in the State of Delaware. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES. |
| HB 154 | Committee | Gorman | This Act provides immunity to nonprofit organizations who distribute new secure gun storage and safety devices to individuals so long as the devices are distributed in their original packaging and are unopened. The nonprofit must provide gun safety pamphlets with the distribution of gun storage and safety devices. This Act does not limit any liability on the part of the manufacturer, distributor, or retailer of the secure gun storage or safety device. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT. |
| HS 1 for HB 105 | Committee | Ross Levin | Pay range transparency empowers job applicants with crucial information to negotiate salaries and make informed career decisions. It also encourages businesses to proactively review compensation practices, address unjustified pay disparities, and strengthen their ability to attract and retain top talent.
This Act requires that employers include salary or wage range information and a general description of benefits in all postings for job opportunities, and ensures that applicants have access to that information prior to any offer or discussion of compensation. Employers are required to maintain records relating to job descriptions and wage rates for current employees and for 3 years after the departure of an employee. The Department of Labor may bring an administrative action to enforce the pay transparency provision. This Act does not apply to employers with 25 or fewer employees. The Act takes effect 2 years after its enactment. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES. |
| SB 123 | Committee | Mantzavinos | This Act clarifies the intestacy rights of child and parent by cross-referencing related provisions of Title 12 and Title 13 and adds a time limit for a child born of a deceased parent to be considered a child of that parent. | AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN |
| HB 133 | Committee | Snyder-Hall | Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report.
This Act takes effect 180 days after its enactment. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS. |
