| SCR 64 | Passed Senate | Wilson | This Senate Concurrent Resolution designates May 2025 as "Small Business Month" in the State of Delaware. | DESIGNATING MAY 2025 AS "SMALL BUSINESS MONTH" IN THE STATE OF DELAWARE. |
| SCR 63 | Passed Senate | Lockman | This resolution designates May 7, 2025, as “Plastic Free Lunch Day” in Delaware to recognize student-led efforts to reduce plastic waste in schools and promote environmental sustainability. | RECOGNIZING MAY 7, 2025, AS “PLASTIC FREE LUNCH DAY” IN THE STATE OF DELAWARE. |
| SA 1 to SB 87 | PWB | Huxtable | This Amendment adds a requirement that local governments provide a draft to DSHA and OSPC of a proposed ordinance, or a copy of the finalized ordinance if already passed, within 6 months of this Act going into effect. This Amendment also requires DSHA and OSPC to assist local governments in the implementation of this Act by providing outreach, education, and resources related to the implementation of this Act. These provisions will ensure that local governments are working toward adopting the required ordinances within the required timeframe and will assure local governments that OSPC and DSHA will provide outreach, education, and assistance with its implementation. | |
| HA 1 to HB 89 | PWB | Morrison | This amendment to House Bill No. 89 clarifies that communications made as part of the Home Improvement Dispute Resolution Process may be admitted as evidence for limited purposes in the discretion of the court in subsequent civil litigation, and further clarifies that they may only be admitted in a criminal case where there is a prosecution for perjury or giving a false statement or where the statement is being introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant's credibility if it has been disclosed to the defense in discovery. | |
| HB 98 | Committee | Heffernan | This Act sets forth requirements and restrictions for the manufacture, distribution, and sale of THC-infused beverages in this State. This Act allows manufacturers to operate in Delaware with authorization, and sets forth manufacturing and product requirements. Out-of-state and in-state manufacturers must deliver their infused beverages to licensed importers, who must comply with notice and testing requirements before the infused beverages can be transported from an importer’s warehouse to package stores for sale, and must keep detailed records of their shipments. Package stores may obtain authorization to sell infused beverages for off-premises consumption, and must comply with requirements concerning the placement of infused beverages in the store, signage, and packaging criteria.
This Act also increases the potential civil penalties for selling marijuana, marijuana products, and infused beverages to individuals under 21, allowing a fine of up to $10,000 for subsequent offenses within 5 years. Additionally, for violations of provisions of Title 4 pertaining to infused beverages, an administrative civil penalty may be imposed of the greater $250 or up to 10 percent of the estimated average gross monthly sales of infused beverages for the operations of a licensee within 12 months preceding the date the penalty is imposed.
This Act also updates outdated provisions of code and 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 § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. | AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA. |
| HB 141 | Committee | K. Williams | This Act directs the Department of Safety and Homeland Security (DSHS) to develop a Firearm Responsibilities Notice for distribution to gun purchasers to ensure dissemination of important information relating to safe and lawful handling of firearms. It mandates that licensed importers, manufacturers, and dealers cannot sell, transfer, or deliver a firearm to another person without requiring the buyer to review and sign a Firearm Responsibilities Notice. Licensed dealers that provide background checks to facilitate a sale between unlicensed persons are also responsible for providing a copy of the Firearm Responsibilities Notice to the prospective buyer and retaining a copy of the Firearm Responsibilities Notice signed by the prospective buyer. The purpose of the Firearm Responsibilities Notice is to deter straw purchases and other illegal transfer of firearms, to ensure awareness of Delaware’s gun safety laws, and to increase the reporting of lost or stolen firearms. The Firearm Responsibilities Notice is also intended to prevent accidental shootings by providing information on gun safety and available gun safety courses. It is also designed to reduce suicides by providing the national suicide prevention hotline number.
This bill requires licensed firearm dealers to securely maintain a record of all signed Firearm Responsibilities Notices. This bill tasks the Department with creating the Firearm Responsibilities Notice, in consultation with the Department of Justice and other stakeholders, posting the Firearm Responsibilities Notice to its website, and providing (free of charge) the Firearm Responsibilities Notice to licensed importers, licensed manufacturers, and licensed dealers in the State.
All licensed deadly weapons dealers in this State are mandated to keep and securely store signed Firearm Responsibilities Notices for at least 3 years as part of the records required to be kept and maintained in the place of business at all times.
A violation of provisions of Title 24 relating to records or background checks for sales between unlicensed persons is already a misdemeanor, punishable by a maximum fine of $250 or $500 and 6 months imprisonment. This law will expand the scope of those misdemeanors, thus requiring a 2/3 vote.
The bill is effective 180 days after enactment. The DSHS is required to conduct outreach to licensed importers, licensed manufacturers, and licensed dealers in Delaware prior to the effective date to make them aware of the new requirements imposed by this Act and provide access to the Firearm Responsibilities Notice as developed by the Department. | AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO FIREARMS. |
| HA 1 to HB 45 | PWB | Griffith | This Amendment specifies that the term "firearms merchant" applies to a federal firearms licensee physically located in Delaware. This Amendment also changes the effective date of the Act to January 1, 2026. | |
| SA 1 to HB 24 | PWB | Richardson | This Amendment changes the timeframe by which a candidate must notify the Town Manager of their candidacy from 10 to 30 days prior to the election. | |
| SB 129 | Committee | Hansen | Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently.
As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PRESCRIPTION OPIOID FUNDS AND LITIGATION AUTHORITY. |
| SB 24 | Committee | Townsend | The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19.
This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization.
This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLES 14 AND 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT AND THE PUBLIC EMPLOYMENT RELATIONS ACT. |
| SS 1 for SB 17 | Committee | Townsend | Senate Concurrent Resolution No. 99 (152nd General Assembly) created the Victims’ Bill of Rights Committee (VBR Committee) to perform a comprehensive review of the Victims’ Bill of Rights (VBR) and make recommendations to clarify the VBR, strengthen protections for victims, and ensure that state agencies have the necessary mechanisms, administration, and funding to successfully implement the VBR. To facilitate in-depth review and discussion, the VBR formed the following 4 subgroups: The Victim Safety Subgroup, The Rights of Special Victims Subgroup, The Victims’ Rights to Information and Notification Procedures Subgroup, and the Victims’ Compensation and Administration Subgroup.
Like Senate Bill No. 17, Senate Substitute No. 1 for Senate Bill No. 17 revises the Victims’ Bill of Rights and the Victims’ Compensation Assistance Program based on the recommendations in the February 27, 2024, Victims’ Bill of Rights Committee Final Report.
Senate Substitute No. 1 to SB 17 differs from SB 17 as follows:
1. Revises the definition of "individual with a cognitive disability" to reference the definition of “cognitive disability” in the Criminal Code, consistent with the standards of the Delaware Legislative Drafting Manual.
2. Requires that the summary of the victims’ rights be printed on the last page of the victim’s copy of the initial incident report instead of on the back.
3. Revises the language regarding the rights of victims and witnesses in regard to immigration status.
4. Requires that the notice published in the Register of Regulations under Section 14, that funds have been appropriated to implement the provisions under § 9414(a)(4) of Title 11, be provided by the Executive Director of the Delaware Criminal Justice Information System.
Section 1 revises Chapter 94 of Title 11 (“this chapter”), the Victims’ Bill of Rights, by making technical changes for clarity and by adding substantive policy provisions that either codify existing practices or create new rights and responsibilities as follows:
Substantive changes that establish the following new rights or responsibilities:
1. To extend these rights to more victims, adds additional offenses to the definition of "crime" for this chapter and includes any offense that is the basis for abuse, domestic violence, or a sexual violence protective order.
2. Adds a complaint process that a victim or witness can use if a law-enforcement agency fails to comply with this chapter.
3. Adds the victim’s or witness’s school to the personal information that must be kept confidential.
4. Provides victims the right to have a victim advocate present, if available, at all proceedings related to the crime.
5. Requires that victim services professionals inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed.
6. Provides a right to review portions of recordings derived from body-worn cameras that includes statements made by the victim.
7. Provides a right to make a statement that is separate from the victim-impact statement under the pre-sentence report process.
8. Updates the manner in which victims receive notifications under this chapter by allowing law-enforcement agencies to send notifications electronically and requiring DELJIS to create the mechanism by which law-enforcement agencies can send these notifications by email. Victims will be able to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible.
9. Requires that the Department of Justice create a website where the rights of victims and witnesses under this chapter are explained in a user-friendly manner, in English and in Spanish, and in a format that is as accessible as possible for individuals with disabilities. This website must include information about rights victims or witnesses have under other sections of the Code.
10. Strengthens the annual report requirements for law-enforcement agencies regarding compliance with this chapter by adding specific information that must be included in each report. The individual law-enforcement agency reports must be compiled by the Criminal Justice Council (CJC) into 1 final report and posted on the CJC webpage.
11. Extends to witnesses the current requirement that the court to provide a waiting area for victims that is separate and secure from the defendant, the defendant’s relatives, and defense witnesses.
12. Provides witnesses with the same right to the prompt return of property from law-enforcement that currently exists for victims.
13. Consistent with the notice requirements to victims of an application for parole, requires that notice to be provided to victims of crimes under this chapter when an application is filed for a pardon, including for an adjudication not terminated in favor of the child, or when an application for discretionary expungement of an adjudication not terminated in favor of the child is filed.
Substantive changes that codify existing practices:
1. Updates the definition of “law-enforcement agencies” to include police, the Department of Justice, and the Department of Correction, including probation and parole.
2. Expands the definition of “representative of the victim” to include members of the victim’s family if the victim is deceased and the parent, guardian, or custodian of a victim who is unable to meaningfully participate in proceedings. It also clarifies the representative of the victim if the victim or the deceased victim’s sibling is in the custody of the Department of ‘Services for Children, Youth, and their Families.
3. Revises and expands the definition of victim services to include the broad array of assistance that is available to victims of crime.
4. States that the remedy for a victim or witness if a law-enforcement agency fails to comply with this chapter is to file a writ of mandamus under § 564 of Title 10.
5. Provides victims and witnesses the right to express safety concerns while attending proceedings at court and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures.
6. Provides the right for immigrant victims and witnesses not to be detained by law enforcement or turned over to federal immigration authorities unless there is a judicial warrant.
7. Requires that the Delaware Criminal Justice Information System (DELJIS) provide a summary of a crime victim’s rights and information about victim services that is printed on the last page of the victim’s copy of the initial incident report.
8. Repeals the applicability of this chapter to qualifying neighborhood or homeowners’ associations.
9. Requires the Board of Pardons to provide notice of all applications for a pardon to the Superior Court and the Department of Justice.
Technical changes:
1. Reorganizes existing provisions so that rights of all victims are in subchapter I. by transferring the rights of victims with cognitive disabilities from subchapter II.
2. Reorganizes existing provisions so that rights of all witnesses are in subchapter II. by transferring the rights of witnesses from subchapter I and correspondingly redesignates subchapter II as the Rights of Witnesses to Crime. The rights provided to victims and witnesses with cognitive disabilities are incorporated in the applicable subchapter.
3. When possible, instead of listing each specific offense included in the definition of “crime”, offenses are included in this definition by subchapter or subpart.
4. Transfers rights applicable to all crime victims under § 9404 through § 9408 of Title 11 to § 9403 of Title 11.
5. Repeals unnecessary definitions and language that repeats rights provided in another section of this chapter or elsewhere in the Code.
Sections 2 through 4 revise Chapter 90 of Title 11, the Victims’ Compensation Assistance Program, as follows:
• Section 2 revises § 9002 of Title 11 to combine funeral and burial expenses into 1 category of pecuniary loss to simplify approval of payments for these expenses.
• Section 3 makes corresponding changes to the job title of the victim services personnel who are members of the Victims’ Compensation Assistance Program Advisory Council under § 9003 of Title 11 and adds standard language regarding the conduct of meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting.
• Section 4 repeals the requirement that unencumbered balances in excess of $6,000,000 in the Victims’ Compensation Fund at the end of each fiscal year be deposited in the General Fund.
Section 5 through Section 12 make the following corresponding technical changes to other Code sections to align with Chapter 94 of Title 11:
• Section 5 revises § 3512 of Title 11 to contain the exceptions in current § 9407 of Title 11 and reference the definition of “member of the victim’s family” in § 9401 of Title 11.
• Section 6 revises § 4331 of Title 11 so it is consistent with the victim’s right to make a statement under § 9406(8)b. of Title 11. Section 6 also repeals the reference to § 4209A of Title 11 that the Revisors have noted in the Code as “[repealed]” because the version of § 4209A that was in the Code when this sentence was enacted in 1991 was repealed in 1989 but this corresponding reference was not repealed.
• Sections 7 and 8 revise § 4347 and § 4361 of Title 11 so that the Board of Parole and the Board of Pardons must send notice to victims and witnesses in the manner and under the procedures established in § 9414 of Title 11.
• Sections 9 and 10 revise § 1018 of Title 10 and § 4374 of Title 11 so that victims are contacted about petitions for discretionary expungement under the procedures established in § 9414 of Title 11.
• Section 11 requires that the regulations adopted by the Police Offer Standards and Training Commission under § 8404 of Title 11 include the victim’s right to review portions of recordings derived from body-worn cameras that include statements made by the victim.
• Section 12 increases notice to employers about the current law prohibiting an employer from discharging or disciplining a victim or representative of a victim because the individual participated in the preparation for or attended proceedings by adding a reference to § 9409(a) of Title 11 to § 711(i) of Title 19, which lists unlawful employment practices.
Section 13 provides a delayed implementation date to provide the Department of Justice time to create the informational websites for victims and witnesses required under § 9414(c) and (d) of Title 11.
Section 14 makes the requirement under § 9414(a)(4) of Title 11 that DELJIS create the mechanism by which law-enforcement agencies can send notifications by email contingent upon an appropriation of the funds necessary to fulfill this requirement and then provides 18 months to implement this requirement.
In addition to the recommendations in the Victims’ Bill of Rights Committee Final Report, this Act also revises the membership of the Victims’ Compensation Assistance Program Advisory Council, based on suggestions that arose after the conclusion of the VBR Committee’s work, by adding the Child Advocate and an additional member from the mental health profession.
This Act also makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 19 OF THE DELAWARE CODE RELATING TO CRIME VICTIMS AND WITNESSES. |
| SB 130 | Committee | Paradee | This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale expanded polystyrene foam products, including expanded polystyrene foam food service packaging, expanded polystyrene foam coolers used for cold storage of food, and expanded polystyrene foam loose fill packaging. Expanded polystyrene foam packaging such as single use expanded polystyrene foam food containers or loose fill expanded polystyrene foam products such as packing peanuts are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene foam products, this Act helps to protect the environment from harmful waste.
This Act allows for a temporary waiver of the prohibition on expanded polystyrene foam products under either of the following circumstances:
1. There is no feasible or commercially available alternative for a specific expanded polystyrene foam product.
2. The retail store or wholesaler seeking the waiver has less than $500,000 in gross annual income and there is no reasonably affordable, commercially available alternative to the expanded polystyrene foam product.
This Act takes effect on January 1, 2027. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE FOAM PRODUCTS. |
| SS 1 for SB 119 | Out of 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.
The only difference between Senate Substitute No. 1 for Senate Bill No. 119 and SB 119 is that SS 1 for SB 119 corrects a misspelling of “Murray”. | AN ACT DIRECTING THE STATE REGISTRAR OF VITAL STATISTICS TO ISSUE A BIRTH CERTIFICATE WITH THE NAME OF THE FATHER OF LEVI RYAN MURRAY. |
