Daily Report for 4/30/2026

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 383CommitteeCarsonIn 2024, House Bill No. 347 was enacted and provided that nonexempt Department of Transportation employees must be paid at an overtime rate after working 37.5 hours in a week. This Act provides that beginning July 1, 2026, exempt employees must also be paid at a higher rate after working 37.5 hours in a week rather than having to work 40 hours before becoming eligible.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES.
SB 292CommitteeHansenThis Act requires that when all or part of the tenant’s rent is paid from a state fund for reentry services, a landlord must assist the tenant in completing a discharge plan to attempt to provide a warm handoff before terminating the tenant’s lease. This Act also closes a loophole in existing law that allows unlicensed or uncertified operators of residential housing to claim exemption from the Residential Landlord-Tenant Code, including the procedural requirements for an eviction. Existing laws prohibit someone from losing their housing without notice because • A landlord must comply with the notice and judicial procedure under the Residential Landlord-Tenant Code, Part III, Title 25. • Licensed health care providers must provide discharge planning before an individual is required to leave a residential treatment program under § 1127, § 5161, and § 3004J of Title 16. • Certified recovery homes must make a reasonable effort to connect a resident with appropriate services when terminating the resident’s admission agreement under § 2206A of Title 16. Section 1 of this Act closes a loophole in current law that allows some landlords to claim their tenants are excluded under § 5102(1) of Title 25 from the protections required before eviction under the Residential Landlord-Tenant Code without being required to provide discharge planning or connecting the resident with appropriate services. This Act revises 3 of the exclusions by using the modern terms and where possible, the applicable licensing law for this State, to prevent housing providers from claiming exclusion from the Residential Landlord-Tenant Code even if the provider is not licensed or certified to provide services. This Act does not apply to or revise the exclusions to the Residential Landlord-Tenant Code under paragraphs (4) through (6) of § 5102 of Title 25, including the existing exclusion for certified recovery houses. Section 2 of this Act creates new requirements under § 5512A of Title 25 if all or part of a tenant’s rent is paid using money from a State reentry fund. Before or with the first payment, the person responsible for payments from the fund must provide the landlord with an explanation of these requirements, contact information, and the model discharge plan. The Department of Health and Social Services (DHSS), in consultation with the Department of Justice (DOJ), must create a model discharge plan. Then, before terminating the tenant’s lease, the landlord must assist the individual in creating a discharge plan that includes shelter or housing and provide notice that the tenant’s lease is being terminated as follows: • To the person making rent payments from the fund. • If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law enforcement agency. If a landlord fails to comply with the discharge planning and notice requirements, the landlord is debarred from receiving payments from any State reentry fund for 1 year. If the landlord is receiving payments from a State reentry fund for any other tenants, those tenants are not responsible for the share of the rent that was paid by the fund and have the option to do any of the following: • Continue the tenancy without payments from the fund. If the tenant chooses to continue their tenancy, the amount of their rent becomes the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement. • Terminate the lease immediately. • Terminate the lease with 30 to 60 days notice. These requirements are enforceable by the Department of Justice and also by the Justice of the Peace Court, because the contents of an eviction complaint must include a brief statement of compliance with the requirements under § 5512A(c) and copies of all required notices. Section 3 of this Act is a technical clarification to clarify that “this Code” and “Landlord-Tenant Code” both refer to the Residential Landlord-Tenant Code under Part III of this title. Both “this Code” and “Landlord-Tenant Code” are used throughout Chapter 51 through Chapter 59 of Title 25 as abbreviations of the Residential Landlord-Tenant Code and under § 101 of Title 1, “this Code” could also refer to the entire Delaware Code. Section 4 of this Act makes the new requirements for reentry funds under § 5512A of Title 25 applicable to the rental of single rooms in owner-occupied buildings under § 5512 of Title 25. Section 4 also reorganizes the existing language in § 5512 because as 1 sentence, the current language is difficult to understand. This Act takes effect 6 months after enactment to provide time for DHSS and DOJ to develop the model discharge plan and for agencies, including the Department of Correction and local law enforcement agencies, to develop policies and procedures necessary to implement and respond to notification under these requirements. The new requirements under § 5512A of Title 25 apply to rental agreements entered into on or after the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as “The Grace Peterson Act”.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE LANDLORD-TENANT CODE.
HCR 118CommitteeCarsonThis Concurrent Resolution encourages the Department of Veterans Affairs (Department) to explore and make recommendations on the feasibility of establishing a veteran’s cemetery in Kent County, Delaware, and to submit a report containing those recommendations no later than January 1, 2027. ENCOURAGING THE DEPARTMENT OF VETERANS AFFAIRS TO EXPLORE THE POSSIBILITY OF ESTABLISHING A VETERAN’S CEMETERY IN KENT COUNTY, DELAWARE.
HA 1 to HB 328PWBMinor-BrownThis Amendment delays the effect of the changes to § 1134(a)(6), Title 29 until July 1, 2027, to allow time for the implementation of the necessary technological updates.  
SB 293CommitteeParadeeThis Act simplifies the licensing requirements for youth camps that are accredited by the American Camp Association (ACA) by requiring that the Department of Education's Office of Child Care Licensing (OCCL) deem a youth camp as meeting all equivalent health and safety requirements necessary for a youth camp license if the youth camp has ACA accreditation through August 30 of the current calendar year. By streamlining the OCCL licensing requirements for youth camps, this Act also increases the availability of summer child care that is eligible for provider reimbursement from the Purchase of Care (POC) program. Under existing OCCL regulations, a youth camp has the option of applying for either license exempt status or a license. To obtain a license, a youth camp must meet very detailed and specific requirements that are challenging, if not impossible, for many youth camps. ACA accreditation requires that a camp satisfies health and safety requirements that are similar and equivalent, but not identical, to the OCCL license requirements. However, an ACA accredited but license-exempt youth camp is unable to receive POC provider reimbursement because under the state plan for the federal Child Care and Development Fund, license exempt child care providers are not eligible for provider reimbursement. This Act also codifies the following policies that are in the current OCCL child care licensing regulations: • A youth camp license and the definition of “youth camp”. • The requirement that a youth camp must have a valid Division of Public Health permit to be licensed or approved as license exempt. • The school-age care, programs, and activities that are exempt from child care license requirements. This Act is effective immediately and § 3003A(c)(4)b. of Title 14 must be implemented no later than December 31, 2026. 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 CHILD CARE LICENSES FOR YOUTH CAMPS.
HB 385CommitteeMinor-BrownWhile the exact number of nurse vacancies in Delaware fluctuates, healthcare providers agree that the current shortage is unsustainable. Nursing shortages lead to missed nursing care, higher morbidity, and mortality rates. The American Association of Colleges of Nursing (AACN) outlines a number of contributing factors impacting the current national nursing shortage. One is a lack of nursing school faculty - including the preceptors that provide supervision and instruction for clinical practice. Since Delaware’s nursing education programs must require clinical learning experiences provided by these preceptors, nursing students have difficulty completing the required coursework necessary for degree and licensure. Section 1 of this Act provides for an annual appropriation in an amount determined by the General Assembly to the Delaware Nursing Workforce Initiative or similar nonprofit to administer a program to provide funding to hospitals and clinical facilities to implement or continue offering preceptorship programs. Section 2 provides that this Act is effective 6 months after enactment.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GRANTS FOR NURSE PRECEPTORS.
HA 1 to HB 280PWBChukwuochaThis amendment to House Bill No. 280 makes explicit that the notation for a nonapparent disability on a driver’s license or identification card should be a butterfly. It also requires the Division of Motor Vehicles to consult with disability advocacy groups regarding public outreach on the availability of the nonapparent disability designation. 
HA 1 to HB 135PWBPhillipsThis Amendment makes the following changes to HB 135: 1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness. 2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property. 3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present. 4. Clarifies that a public space does not include private property. 5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools. 6. Clarifies that a public space is not a space that requires a permit, license, or registration to access. 7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness. 8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities. 9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness.  
HB 386CommitteeHilovskyThis Act establishes the Tipped Worker Tax Relief Act of 2026 to provide targeted state income tax relief to resident and nonresident tipped workers in Delaware. It creates a deduction of up to $15,000 on qualified tips and converts it to a refundable credit for low-income resident earners. The program sunsets in 2029 unless renewed after review. This legislation promotes fairness, supports workforce retention in small business community, and addresses affordability challenges without new taxes or mandates on employers.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX DEDUCTION OR CREDITS APPLICABLE TO QUALIFIED TIP INCOME.
HB 387CommitteeHilovskyThis Act temporarily addresses Delaware's childcare crisis by gradually increasing Purchase of Care eligibility from 200% to 275% FPL over 5 years starting July 1, 2026, reducing benefit cliffs and supporting moderate-income families. It includes a sunset clause expiring June 30, 2031, to allow evaluation and ensure fiscal sustainability, with annual reporting on impacts.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE SUBSIDIES TO INCREASE ELIGIBILITY THRESHOLDS OVER FIVE YEARS.
HB 384CommitteeBerryThis Act amends the Delaware Code to allow open-end contracts for highway construction or reconstruction for up to five (5) years. This Act is intended to conform Delaware’s procurement statutes to the time limits permitted for contracts by the Federal Highway Administration (FHWA) and still ensure that adequate security is maintained to cover all bids and ongoing work. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OPEN-END CONTRACTING FOR HIGHWAY CONSTRUCTION AND RECONSTRUCTION.
HB 388CommitteeMorrisonThis Act seeks to address the undue burden placed on individuals who are required to surrender their driver's license due to a medical condition. Under current law, individuals must physically surrender their license, often during already traumatic circumstances, and are then, in some cases, required to purchase a separate identification card to maintain a valid form of ID during the suspension period. This Act allows a medically disqualified individual to retain the individual's physical driver’s license for identification purposes by signing an affidavit acknowledging the individual is prohibited from operating a motor vehicle. This approach balances public safety with compassion, streamlines administrative processes, and eliminates unnecessary costs for affected individuals. This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE LOSS OF DRIVERS' LICENSES DUE TO MEDICAL ISSUES.
HB 391CommitteeLambertThis Act revises the reporting requirements for the Community Environmental Project Fund for the purpose of easing the Department of Natural Resources and Environmental Controls’ (DNREC) administrative burden. The fund was created by the General Assembly in 2004. This fund is capitalized with civil and administrative penalty payments received by DNREC. The collected funds are then disbursed to organizations serving communities affected by environmental violations. Projects provided by these organizations include eliminating, minimizing, or abating pollution, improving environmental conditions that impact human health, enhancing natural resources to improve habitats, and expanding recreational opportunities. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE COMMUNITY ENVIRONMENTAL PROJECT FUND.
HS 1 for HB 216CommitteeK. WilliamsThis Act expands Delaware’s campaign finance disclosure requirements to provide more transparency regarding the source of funding for contributions to and expenditures made from political committees in the State. To that end this Act does the following: 1. Requires out-of-state committees that contribute more than $2,000 to a Delaware election (exempting contributions to candidates and political parties) to register with the State Election Commissioner (Commissioner). 2. Requires political committees to list any affiliated controlling entities on its statement of registration. 3. Increases the disclosure requirements to be placed on third-party advertisements by requiring the advertisement to display, if applicable, the name of a majority owner of the third-party advertiser, the responsible party, affiliated controlling entities, and the 5 persons who made the 5 largest aggregate transfers to the entity in the last 12 months. 4. Requires third-party advertisers to display a link to a website that lists all contributions to the third-party advertisement in excess of $100. Any contribution that is greater than $100 that is not from an individual must also include information on the contribution’s underlying funding source. 4. Prohibits all reports filed with the Commissioner from containing a negative balance so that the source of all funds are disclosed, including any loans. Substitute 1 to HB 216 makes the following changes: 1. Prohibits a foreign national or foreign-controlled entity from making a contribution, expenditure, independent expenditure, or electioneering communication in connection with any state or local election in the State. 2. Requires that all campaign finance reports disclose specific information about advertisements, including the name of the vendor or platform used, the medium used, a description of the advertisement, and the target audience. 3. Replaces the current link to the Election Commissioner’s website on third-party advertisements with a website to be “determined” by the Election Commissioner. 4. Requires that third-party party advertisements display the state of residence, incorporation, or registration of all persons disclosed on the advertisement itself and on the linked website containing additional disclosures. 5. Updates definitions to include modern modes of communication. 6. Changes the implementation date to July 1, 2028. 7. Makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTION CAMPAIGNS AND PUBLIC DISCLOSURES.
SB 294CommitteeCruceThis Act makes full-time students attending post-secondary education for an associate or baccalaureate degree eligible for child care assistance. This Act also adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31 and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective immediately because under § 10113 of Title 29, amendments that make existing regulations consistent with changes in basic law are exempt from the procedural requirements under the Administrative Procedures Act.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE ASSISTANCE FOR FULL-TIME POST-SECONDARY EDUCATION.
SS 1 for SB 161CommitteePinkneyThis Act revises Delaware law governing behavioral health treatment provider organizations by establishing a comprehensive statutory framework governing licensing, oversight, enforcement, client rights, provider duties, incident reporting, and investigations relating to behavioral health treatment services. The Act consolidates and modernizes statutory provisions governing behavioral health treatment oversight and clarifies the Division of Substance Abuse and Mental Health's authority to license programs, investigate incidents, and enforce compliance with this chapter. This Act is a substitute for and differs from Senate Bill No. 161 by doing all of the following: (1) Expands the definition of the protection and advocacy system to reference all applicable federal protection and advocacy statutes. (2) Revises the client rights provisions by reorganizing and clarifying the rights framework, adding rights related to discharge planning and continuing care, clarifying the standard for permissible limitations on client rights, including a requirement that any limitation be for the shortest duration feasible, and revising the standard governing the use of restrictive intervention to align with existing Delaware law. (3) Expands standing to enforce client rights to include clients and their authorized representatives in addition to the Attorney General and the protection and advocacy system. (4) Adds a savings clause clarifying that nothing in this Act abrogates the rights and requirements applicable to long-term care facilities under Chapter 11 of Title 16. (5) Adds elopement to the definition of incident for purposes of the incident reporting requirements. (6) Modifies the provisions relating to the protection and advocacy system by expanding the system's access authority to reference all applicable federal and State law, adding a requirement that the Division notify the protection and advocacy system no more than 72 hours after receiving a report of a client death, authorizing staff to make discretionary reports to the protection and advocacy system, and extending anti-retaliation protections to staff who report to or cooperate with the protection and advocacy system. (7) Adds a framework for the confidentiality of incident reports and investigation records while authorizing the Division to publish aggregate, de-identified information regarding incidents and trends across the behavioral health system. (8) Adds an injunctive relief pathway allowing the Department to seek a temporary restraining order in the Court of Chancery when a provider organization's activities create an imminent risk of substantial harm to clients. (9) Updates language throughout to reflect current person-centered terminology consistent with the preferences of the disability community. (10) Makes technical and conforming changes for clarity and consistency. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of any inferior court of this State. AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.
SA 1 to SB 259PWBPooreThis amendment adds definitions for the terms “modified” and “renovated”. This amendment also adds an effective date of February 1, 2027. 
SB 295CommitteePooreThis Act adds definitions to update the scope of practice for aestheticians. The current scope of practice does not encompass the actual services that aestheticians are educated and trained to perform. This Act provides clarity to professionals and the public as to what treatments are permissible and specifies that an aesthetician’s ability to perform treatments is subject to meeting training requirements and manufacturer directions. Finally, the Act adds language, which was previously repealed, to state that licenses must be displayed at the place of business or available for inspection upon request. An apprentice license must be displayed at the apprentice’s workstation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO AESTHETICIANS.
SB 303CommitteeSturgeonUnder Senate Concurrent Resolution No. 201 (152nd General Assembly) and House Concurrent Resolution No. 2 (153rd General Assembly), the Public Education Funding Commission (Commission) has studied how to improve Delaware's public education funding policies so that public school funding is equitable and appropriated in a manner that allows public schools, including both school districts and charter schools, to not only spend all money that is appropriated but to do so in a manner that best meets the needs of the students in each school. This Act implements the Commission’s recommendation that the Public Education Funding Commission be established as a permanent body. As set forth in Senate Bill No. 302 (153rd General Assembly), the Commission recommended that the General Assembly enact what is known as the hybrid formula. The hybrid formula combines elements of the current funding calculations with a weighted needs-based approach that provides additional funding for students who receive career and technical education or special education services, who are multilingual learners, and who live in low-income households. Codified, the Commission will have a crucial role in implementing and maintaining the benefits of the hybrid model by continually reviewing the hybrid model, including the amounts of the required weights, if school spending of state appropriations complies with the applicable requirements, and making recommendations for improvements. The continual review of public education funding by the Commission will allow adjustments to be made on a gradual and incremental basis as needed.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION FUNDING COMMISSION.
SB 302CommitteeSturgeonThis Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027. The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system. The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized.AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO PUBLIC EDUCATION FUNDING.
SB 300CommitteeSokolaThis Act requires firearm dealers to obtain a state license to sell or transfer firearms instead of the license to sell deadly weapons under Chapter 9 of Title 24. For purposes of this Act, a “firearm dealer” means a person that engages in the wholesale or retail sale or transfer of firearms, including a pawnbroker, and that has, or is required to have, a federal firearms license. A “firearm dealer” does not include a person that has sold or transferred 10 or fewer firearms within any 1-year period that the person has engaged in selling or transferring firearms. However, people that do not meet the definition of “firearm dealer” under this Act shall still be required to obtain a license to sell deadly weapons under Chapter 9 of Title 24. The Delaware State Police (DSP) shall create a standardized application for the license under Chapter 9B. The new state license under Chapter 9B of Title 24 modifies Delaware's current firearm dealer licensing practices as follows: (1) Establishes in statute factors that make a person ineligible to obtain a state license to sell or transfer firearms or to serve as a responsible person for a state license holder (licensee). A "responsible person" is defined as a person who directly or indirectly has the power to direct the management and policies as that management and policy relates to firearms. A responsible person is required under federal law to be included on a federal firearms license. Ineligibility is not always permanent and there are exemptions in this Act. (2) Heightened and more specific security requirements including that a licensee must: a. Post business hours and proof of licensure. b. Only sell or transfer firearms at their business location, except when conducting business at an allowable temporary business location. c. Equip their business location and any place that, for business purposes, the licensee stores or displays firearms or ammunition with a functioning security alarm system. d. Equip their business location with a functioning digital surveillance system that surveils certain key areas, such as entrances and exits. The DSP shall adopt security regulations to establish requirements for the secure storage and display of firearms and ammunition to prevent unauthorized access. Special provisions are included to address the unique operations of a licensee that sells or transfers on average 50 or fewer firearms and a licensee whose business location is also a residential dwelling. It is not a violation of this Act if the security features required by this Act become temporarily inoperable through no fault of the licensee. (3) Heightened and centralized recordkeeping and reporting such as: a. A licensee shall annually report information about trace requests and federal inspections to the State Attorney General. The Attorney General shall compile the information and provide it to the General Assembly and make it publicly available. b. A licensee shall promptly notify the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the DSP about any loss, theft, or unlawful transfer of any firearm or ammunition, including if caused by the licensee’s employee, contractor, or volunteer. c. A licensee shall report certain changes to the DSP, including change of business location and responsible persons. d. A licensee shall establish and maintain a book or electronic database with the information required in this Act, including inventory and disposition, as well as follow the information backup and storage requirements to ensure records remain available. e. A licensee shall have the book or database accessible in the licensee’s business location and shall submit certain records therein to the DSP, biannually, by every April 30 and October 30. f. The DSP shall collect information and report about licensee compliance and data on lost and stolen firearms and ammunition. The report must be publicly available. (4) Requires background checks for contractors and volunteers with access to the licensee's firearms or performing certain tasks for a licensee. Licensees, responsible persons, and employees already undergo background checks under current law and must continue to do so under this Act. Licensees (if individuals) and responsible persons must now obtain annual background checks, as is currently the practice with employees. If the “Rap Back System” as defined by § 8502 of Title 11 becomes available, annual background checks will be replaced by use of the Rap Back System. (5) Training requirements. a. The DSP shall develop a training course or approve a training course for licensees, responsible persons, and the licensees’ employees, contractors, and volunteers. Training must include topics designed to help prevent the entry of firearms into the illegal market. b. The training must be successfully completed biennially. Only those employees, contractors, or volunteers who handle firearms or ammunition or process the sale or transfer of firearms or ammunition must complete the training. (6) A recurring inspection by the DSP to ensure firearm dealers are in compliance with State law. a. The DSP shall conduct an on-site inspection of each licensee’s business location at least once every 2 years to ensure compliance with this Act. b. DSP may conduct reasonable periodic inspections of a licensee’s place of business during the licensee’s regular posted business hours and of a licensee’s records to ensure compliance with this Act. (7) Establishes civil penalties and possible license revocation in the event of violations. a. The DSP is required to revoke a state license if a licensee: 1. No longer holds a valid FFL. 2. Knowingly employs, contracts with, or allows as a volunteer a person in violation of this Act. 3. Is or becomes prohibited from possessing or purchasing firearms under any state or federal law. 4. Knows or should have known that a responsible person is ineligible to serve as a responsible person and the licensee allows that responsible person to continue to serve as a responsible person. b. The DSP has the flexibility to consider the severity of any other violations and assess an appropriate penalty as follows: 1. For a first occurrence, issue a warning to the licensee that includes a description of the violation and the penalty for subsequent violations. 2. For a subsequent occurrence, the DSP may issue a warning; assess a civil penalty; or revoke the licensee’s state license. A civil penalty under this Act may be from $1,000 through $3,000, including costs. (8) Requires the DSP to set license fees that will be directly proportional to the average annual firearm sales and transfers for the following transaction ranges: a. If the firearm dealer or licensee sold and transferred 11 to 25 firearms per year. b. If the firearm dealer or licensee sold and transferred 26 to 50 firearms per year. c. If the firearm dealer or licensee sold and transferred 51 to 250 firearms per year. d. If the firearm dealer or licensee sold and transferred 251 to 750 firearms per year. e. If the firearm dealer or licensee sold and transferred 751 to 1,000 firearms per year. f. If the firearm dealer or licensee sold and transferred more than 1,000 firearms per year. The cost of license fees may not be set higher than the cost of administering this Act. The Act also provides license fee guidance for people who have sold or transferred less than 11 firearms but wish to obtain a license under this Act. Any fees collected under this Act will be placed in the Firearm Licensing Fund. The DSP may use the proceeds in the Fund to cover implementation costs. These changes to Delaware’s licensing system are in recognition of a growing body of evidence that demonstrates that firearms dealers’ sales practices affect the probability of firearms entering the illegal market, and that policies designed to hold dealers accountable can curtail illegal use of firearms and the concomitant crimes. According to the Johns Hopkins University Center for Gun Violence Solutions, utilizing data from the Centers for Disease Control, firearms are used in 78% of homicides that occur in Delaware. In addition to loss of life, firearm violence has an economic impact, costing Delawareans $1.3 billion per year, which amounts to $1,236 per resident. An article in the Journal of Urban Health found that in-state trafficking was 64 percent lower in places with strong firearm dealer regulations and oversight. A study published in the American Journal of Public Health, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates. The ATF has oversight over firearms dealers, but its efforts are insufficient. Though the ATF aims to inspect firearm dealers at least every three years, at the rate inspections are performed, a dealer can expect inspection only once every 9 years. ATF data reveals that, when they occur, dealer inspections generally yield a large number of violations. In sum, the frequency of violations and the rarity of inspections allow the possibility that dealers are violating law each year without any corrective action by the ATF. According to data compiled by Brady United, there is State-specific evidence to suggest Delaware’s firearm licensing system would benefit from reform to protect the health and safety of our residents. According to 2017 through 2021 ATF data, 6,626 firearms were recovered in Delaware by law enforcement, after either having been used in a crime, found at a crime scene, or where the purchase or possession of the firearm was itself illegal (“crime guns”). Half of these crime guns were recovered by law enforcement within 3 years of retail purchase, which is indicative of potential firearm trafficking. The data also raises concerns about potential straw purchasing in our State, as there was a mismatch in the identity of the firearm purchaser and firearm possessor during a criminal offense in 72% of the traceable cases. Furthermore, 67% of the firearms recovered by law enforcement in this State were sourced from in-State firearm dealers. Delaware is also a significant supplier of crime guns to other states, most significantly Maryland (12.2% of the crime guns recovered come from Delaware dealers) and Pennsylvania (8.9% if the crime guns recovered come from Delaware dealers). Sections 2 through 10 of this Act update existing Code to account for the creation of Chapter 9B in Title 24. Section 11 through Section 13 provide information on the effective date and implementation of this Act. This Act is effective immediately and is to be implemented 1 year from the date of this Act’s enactment except as follows: a. If a person with a valid special license to sell deadly weapons under Chapter 9 of Title 24 applies for a state license on or by 455 days after this Act’s enactment then that person may sell or transfer firearms until the DSP has acted upon that person’s application for a state license under Chapter 9B of Title 24, as contained in Section 1 of this Act. b. Initial reports will not be due until at least on or after 455 days after this Act’s enactment. This Act requires a greater-than-majority vote for passage because Article VIII, §§ 10(a), 11(a) of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly to impose a tax or license fee or increase the effective rate of any tax levied or license fee imposed by the State.AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 24 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS DEALERS.
HB 393CommitteeHeffernanThis Act provides that an individual electric supplier agent cannot be fined or imprisoned for violations under Section 218 of Chapter I of Title 26. This Act provides that the Commission must develop a training and educational program for any entity or individual that is certified by the Commission as an electric supplier that demonstrates a thorough understanding of the Commission’s regulations regarding (1) sales; (2) consumer protection; and (3) any other matter the Commission deems appropriate. This Act requires that third-party electric supplier report data concerning customer choices in its service territory and third-party electric supplier rates. They must submit a monthly report to the Commission on customer choice in their service territories for the preceding month, including all of the following: (1) the total kilowatt hours distributed to customers purchasing electricity from a third-party electric supplier; (2) the total supply cost charged to customers purchasing electric from a third–party electric supplier; (3) the total cost that customers who chose third-party suppliers would have paid under standard offer service; (4) the net third–party total cost compared to the standard offer service; (5) the total third–party average rate; (6) the standard offer service average rate; (7) the difference between the total third–party average rate and the standard offer service average rate; (8) the third–party average residential rates broken out by supplier and the variance between each of these rates and the standard offer service average rate; (9) the third–party average general service nondemand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; (10) the third–party average general service demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; (11) the third–party average large power demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; and (12) other pertinent information the Commission considers appropriate. This Act requires a third-party electric supplier to provide residential customers or small commercial customers with written notice of the pending renewal of a contract 90 and 30 days before the end of the contract term is scheduled to occur and provides regulations regarding electric supplier rates. It requires a third-party electric supplier to provide written confirmation within 15 business days of enrollment and written notification at least 15 days in advance of any changes to the customer’s rate. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts or justices of the peace of “such … misdemeanors as the General Assembly may from time to time … prescribe.” AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS.
HB 392CommitteeRoss LevinThe Delaware Nonprofit Nonpartisanship Protection Act is designed to uphold and safeguard the long-standing principle of nonpartisanship for tax-exempt nonprofit organizations operating within the State. The bill reinforces the protections established by the Johnson Amendment, which prohibits 501(c)(3) nonprofits from engaging in partisan political activities, including endorsing or opposing candidates for public office. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO NONPROFIT ORGANIZATIONS AND THE PROHIBITION OF PARTISAN POLITICAL ACTIVITIES.
HB 394CommitteeNealThis Act establishes a prohibition on the sale of energy drinks or caffeinated dietary supplements to minors. This Act does not prohibit a minor from possessing or consuming energy drinks or caffeinated dietary supplements. The Division of Public Health will be responsible for enforcement of this Act. A dealer who violates this provision will be: (1) issued a warning for the first offense; (2) fined no more than $50 for a second offense occurring not more than 1 year after the first; and (3) fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense. This Act takes effect 1 year after enactment.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.
HB 390CommitteeMorrisonThis Act clarifies that the agencies may, in their discretion, determine the methodology to be used for bid submission, including limiting bidding to solely electronic submissions. This Act allows for electronic bidding to be conducted through a platform of the agency’s choice. Where electronic bidding is identified as the sole manner of bidding, the agency is not required to provide an anchor location for public attendance at the bid opening. The agency is then required to provide the results of the bidding in real time via an electronic remote hosting platform of the agency’s choosing. The agency must post the results of the solicitation to their website within two (2) business days. Additionally, this Act clarifies that a newspaper advertisement is not required if advertisement is submitted to the electronic procurement advertising system defined in § 6902(12) of this title. Finally, this Act clarifies that the agency and awarded bidder may mutually consent to extend the time limit for contract award. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ELECTRONIC SUBMISSION OF BIDS AND BID OPENINGS FOR ELECTRONIC BIDDING.
HB 396CommitteeNealThis Act requires retail food establishments in the State with at least 20 locations globally, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted drinks that contain high caffeine in the same font size as prices listed on the menu with an explanation of these symbols, and provide this same content to third party platforms that display menu information. This Act exempts alcoholic, coffee, and tea beverages as well as bar establishments. The Department of Health will first issue a warning. If the retail food establishment does not cure the violation after receiving the warning, a fine of not more than $50 shall be assessed for a first violation, and not more than $100 for each subsequent violation. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.
HS 2 for HB 284CommitteeYearickThis Act doubles the childcare and dependent care expense tax credit for resident households with federal adjusted gross income of less than $60,000 and makes that credit refundable, and differs from HS 1 by clarifying the credit is for residents only (as is the case currently), and corrects the means test of federal adjusted gross income threshold for taxpayers filing "joint" and "married filing separate combined" at $60,000. For all others, the tax credit remains unchanged.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE CHILD CARE AND DEPENDENT CARE EXPENSE TAX CREDIT.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Education
Executive
Health & Social Services
Housing & Land Use
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Elections & Government Affairs
Health & Human Development
Labor
Natural Resources & Energy
Public Safety & Homeland Security
Revenue & Finance
Veterans Affairs

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Osmond, RobertCommitteeChief Information Officer of the Department of Technology and InformationNew
Storch, Robert P.CommitteeInspector GeneralNew