| SB 40 w/ SA 1 | Signed | Walsh | Section 1 of this Act makes a pattern or practice of violations by a landlord of a Manufactured Home Community of subchapters I through V of Chapter 70 of Title 25 of the Delaware Code, or a provision of a rental agreement, an unlawful practice under the Consumer Fraud Act, subchapter II, Chapter 70, of Title 25, under specified circumstances.
Section 2 of this Act authorizes the Attorney General to file a petition to establish a receivership of a Manufactured Home Community in a Justice of the Peace Court on specified grounds after notice to the landlord.
Section 3 of this Act requires the Justice of the Peace Court to send written notice to the Director of Consumer Protection at the Department of Justice within 10 days of its receipt of a petition for tenants’ receivership under Title 25 of the Delaware Code, Sections 5901 or 7061, except in those cases where the Attorney General files the petition. | AN ACT TO AMEND TITLES 10 AND 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING AND TENANTS’ RECEIVERSHIP PETITIONS. |
| HB 68 | Signed | K. Johnson | This Act provides that March 9 will be known as 6888th Central Postal Directory Battalion Day and will be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating such a day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other. | AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE TO MAKE MARCH 9TH THE 6888TH CENTRAL POSTAL DIRECTORY BATTALION DAY. |
| SA 1 to SB 40 | Passed | Walsh | Senate Bill No. 40 adds a new subsection (c) to § 7005 of Title 25. Under the new subsection (c), a pattern or practice of violations of the provisions of subchapters I through V of Chapter 70, or a pattern or practice by a landlord of a provision of a rental agreement shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if certain facts are true, for example: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent; and (2) The landlord had actual or constructive notice of the condition that caused the violation. This amendment removes the language that allows the landlord to be held accountable if the landlord had “constructive notice” of the violation, and preserves the language holding the landlord accountable if the landlord had "actual notice" of the violation. | |
| HS 1 for HB 62 w/ HA 1 | Signed | Ross Levin | This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following:
1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday.
2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year.
3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit.
4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit.
5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season.
6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m.
7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season.
8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred.
9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor.
This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality.
Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements. | AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES. |
| HB 103 | Signed | Bush | Section 1 of this Act amends§ 3301(d) of Title 12 by adding to the definition of “fiduciary” enforcers of purpose trusts under § 3556 of Title 12 that are acting in a fiduciary capacity, by adding to the definition of "nonfiduciary" enforcers of purpose trusts under § 3556 of Title 12 that are not acting in a fiduciary capacity, and by clarifying that others that are not acting in a fiduciary capacity are also nonfiduciaries.
Section 2 of this Act amends § 3315(b) of Title 12 so that the statute now states expressly the practical effect of a discretionary interest in a trust merely being an expectancy, which is that a beneficiary of such an interest cannot compel a distribution from the trust. The statute continues to provide, however, that the standard of review under § 3315(a) of Title 12 applies in a suit by a beneficiary for abuse of discretion. Section 2 of this Act also deletes in 2 instances the use of the word “trustee” as being redundant because “fiduciary,” as defined in § 3301 of Title 12, already includes a trustee.
Section 3 of this Act amends § 3326 of Title 12 to state expressly within the statute that a modification of a trust by consent while the trustor is living (under§ 3342 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder. Section 3 of this Act also amends § 3326 to state expressly within the statute that a nonjudicial settlement agreement (under§ 3338 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder where the trust’s governing instrument is silent concerning both resignation and the appointment of successor trustees or other officeholders. It is intended that these express statements in § 3326 of Title 12 will reduce the need to resort to a court petition to effectuate the resignation and resulting appointment.
Section 4 of this Act amends § 3556 of Title 12 so that the statute:
(1) Expressly states that a person is not deemed to be a beneficiary of a purpose trust solely by virtue of receiving disbursements from the purpose trust.
(2) Defines the term “enforcer” and permits the governing instrument of a purpose trust to grant the enforcer or some other person exclusive standing to enforce the terms of a purpose trust.
(3) Provides that an enforcer will serve as a fiduciary of the purpose trust unless the governing instrument provides otherwise.
(4) States that a person that accepts an appointment as enforcer submits to personal jurisdiction in Delaware.
(5) If there are no identifiable beneficiaries of the purpose trust, authorizes the enforcer to act as an “interested person” in the context of a nonjudicial settlement agreement under§ 3338 of Title 12 or a nonjudicial modification under§ 3342 of Title 12.
The changes in Section 4 of this Act were made to update Delaware law consistent with modern purpose trust statutes in other jurisdictions.
Section 5 of this Act amends § 3580 of Title 12 to add to the definition of “trustee” for purposes of Subchapter VII of Chapter 35 of Title 12 by expressly including enforcers of purpose trusts under§ 3556 of Title 12.
Section 6 of this Act amends § 1513 of Title 13 to address an ambiguity inherent in the situation where one spouse makes a gift in trust for the other spouse. This Section clarifies that in such circumstance, the donee’s interest in the trust is not marital property unless the trust agreement provides otherwise.
Section 7 of this Act provides an effective date. | AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS. |
| SB 90 | Signed | Paradee | The Delaware State Inspire Scholarship Program (Inspire scholarship) pays undergraduate tuition for 8 semesters at Delaware State University (DSU). Some students complete their undergraduate degrees in less than 8 semesters because they take heavier than average course loads each semester or because they earned college credits during high school. This Act aims to reward students for their hard work and provide additional access and opportunity for them to continue their higher education by allowing students to use the Inspire scholarship program towards additional levels of higher education if the student obtains their undergraduate degree before using all 8 semesters of eligibility.
Specifically, this Act extends eligibility for Inspire scholarships as follows:
1. Under current law, most students may use Inspire grant money for up to 8 continuous semesters towards a bachelor's degree at DSU. This Act allows students who complete a bachelor's degree in less than 8 continuous semesters to use the remaining Inspire grant money towards a graduate degree program at DSU.
2. The Inspire scholarship program provides additional time for individuals who lived in foster care to complete an undergraduate degree. This Act makes corresponding changes to the eligibility for these individuals so that they also can use remaining Inspire grant money towards a graduate degree at DSU if they complete their undergraduate degree before exhausting the time available to do so.
In addition, this Act modifies 2 requirements for eligibility for the Inspire scholarship program for students using the scholarship for a graduate degree program so that students may be enrolled on a part-time basis and are not required to maintain continuous enrollment.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE INSPIRE SCHOLARSHIP PROGRAM. |
| SB 106 w/ SA 2 + HA 2 | Signed | Buckson | This Act requires each school district and charter school to adopt a policy, with educator input, about cell phone use by students during school hours. Each policy must contain:
(1) Clear guidelines about what constitutes acceptable cell phone use at school.
(2) A requirement that limits cell phone use during instructional time.
(3) The designation of times and places during which students may use their cell phones at school.
(4) Guidelines that encourage communication between the schools, parents or guardians, and students about the cell phone use policy.
(5) A system of appropriate consequences for violations of the cell phone use policy.
(6) Exceptions that address, and are applicable to, emergency situations and medical or educational accommodations.
Each school district and charter school shall provide the Department with its policy. Each school district and charter school shall post its policy on its website by August 1, 2025. School districts and charter schools are free to amend their cell phone use policies as needed. If a school district or charter school adopts an amended cell phone use policy, it must be provided to the Department and posted on that school district or charter school’s website. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CELL PHONE USE IN SCHOOL. |
| SJR 6 | Signed | Pinkney | This Senate Joint Resolution directs the Division of Medicaid & Medical Assistance (DMMA) to explore amending our Delaware Medicaid State Plan to allow for the adoption of the Children’s Health Insurance Program (CHIP) From-Conception-to-End-of-Pregnancy (FCEP) option and the creation of a Health Services Initiative (HSI) that will allow our State to use federal funding to partially cover prenatal and postpartum care for individuals otherwise ineligible for free or low-cost health-care coverage due to immigration status.
This Joint Resolution also requires DMMA to provide a report to the General Assembly as to its findings no later than January 1, 2026. | DIRECTING THE DIVISION OF MEDICAID & MEDICAL ASSISTANCE TO EXPLORE CHILDREN'S HEALTH INSURANCE PROGRAM INITIATIVES. |
| SB 15 | Approved | Sokola | The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet.
This Act is the second leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. The first leg of this constitutional amendment was Senate Bill No. 15 of the 152nd General Assembly, published in Chapter 278 of Volume 84 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution.
This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16 of the 152nd General Assembly, which was enacted on September 30, 2024, and takes effect on the enactment of this Act, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement:
(1) The Department of Education.
(2) The Department of Military Affairs / Delaware National Guard.
(3) The Office of Management and Budget.
(4) The Department of Health and Social Services.
(5) The Department of Natural Resources and Environmental Control.
(6) The Department of Agriculture.
(7) The Department of Safety and Homeland Security.
(8) The Department of Finance.
(9) The Department of Transportation.
(10) The Department of Labor.
(11) The Delaware State Housing Authority.
(12) The Department of State.
(13) The Department of Correction.
(14) The Department of Services for Children, Youth and Their Families.
(15) The Department of Technology and Information.
(16) The Department of Human Resources.
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 XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution. | AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET. |
| SB 129 | Signed | 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 | Signed | 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. |
| HCR 56 | Passed | K. Johnson | This Concurrent Resolution recognizes the historic sacrifices and ongoing contributions of Delaware's Direct Support Professionals serving vulnerable adults with intellectual and developmental disabilities. It also recognizes importance and expertise of Direct Support Professionals to our state and establishes May 20th as “Direct Support Professional” Advocacy Day sponsored by the Ability Network of Delaware and A-Team Delaware.
| RECOGNIZING MAY 20, 2025, AS "DIRECT SUPPORT PROFESSIONAL" ADVOCACY DAY. |
| HCR 58 | Passed | Romer | This House Concurrent Resolution recognizes and commends Project New Start for its invaluable contributions to criminal justice reform, reentry support, and community empowerment. It also urges continued legislative and financial support for Project New Start and similar evidence-based reentry programs as critical tools for building safer, more equitable communities. | RECOGNIZING THE IMPACT OF PROJECT NEW START IN SUPPORTING SUCCESSFUL REENTRY FOR JUSTICE-IMPACTED INDIVIDUALS IN DELAWARE. |
| HCR 40 | Passed | S. Moore | This Concurrent Resolution recognizes the contributions of the Delta Sigma Theta Sorority, Inc. chapters in the State of Delaware and declares May 20, 2025, to be “Delta Day at the Delaware Capital.” | RECOGNIZING MAY 20, 2025, AS “DELTA DAY AT THE DELAWARE CAPITAL”. |
| SA 2 to SB 106 | Passed | Buckson | This Amendment changes the date that school districts and charter schools must post their adopted cell phone policies online from August 1, 2025, to January 1, 2026. | |