http://www.legis.delaware.gov/ Legislation Out of Comittee with the State of Delaware en-us Thu, 09 Apr 2026 12:30:22 -0400 https://legis.delaware.gov/BillDetail?legislationId=143054 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES.

This Act updates the electric vehicle rebate program administered by the Department of Natural Resources and Environmental Control in light of changes to federal policies and market forces affecting electric vehicle deployment. The bill provides the Department with additional flexibility to set rebate amounts and improve programmatic offerings. The bill also allows enhanced rebates for an eventual program targeting lower income families.]]> Thu, 23 Apr 2026 15:25:45 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143118 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TOBACCO PRODUCT TAXATION AND LICENSING.

House Substitute No. 1 for House Bill No. 215 differs from House Bill No. 215 as follows: this substitute provides a definition of a premium cigar and modifies the tax rate changes in House Bill 215 by setting the tax rate for other tobacco products at 40% of the wholesale price, maintaining the tax for premium cigars at 30% of the wholesale price, and setting the tax rate for vapor products at 10 cents per fluid milliliter. A definition of “nicotine pouch” is added. As with House Bill 215, House Substitute No.1 increases the cigarette tax rate to $3.60 per pack, increases some license fees, and changes the definition of “tobacco products” to include more items. This substitute bill sets the effective date of the tax rate increases as September 1, 2026, and the effective date of the increased license fees as January 1, 2027. This Act requires a greater than majority vote for passage because § 10 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 increase the effective rate of a tax or fee levied by the State. ]]> Wed, 22 Apr 2026 18:00:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142683 Delaware House - Out of Committee Legislation REQUESTING THAT NEW CASTLE COUNTY, KENT COUNTY, AND SUSSEX COUNTY EACH STUDY, RESPECTIVELY, THE VIABILITY OF IMPLEMENTING A PROPERTY TAX FREEZE FOR DELAWARE RESIDENTS WHO ARE SENIORS.

This Resolution requests that each of the counties in this State study, respectively, the viability of implementing a property tax freeze for Delaware residents who are seniors and meet household income thresholds that each county establishes. This Resolution includes a model for the counties to consider in creating property tax freezes.]]> Wed, 22 Apr 2026 17:59:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143059 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE DELAWARE INDIGENOUS AFFAIRS COMMISSION.

This Act establishes a Commission on Indigenous Affairs to advance and protect the interests of the Indigenous population of Delaware.]]> Wed, 22 Apr 2026 17:59:23 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143005 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 20 AND 29 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT AND EMERGENCY REGULATIONS.

This Act's purpose is to create checks and balances between the Executive and legislative Branches of State government relating to Emergency Orders. This Act recognizes the authority of the Governor to act in the event of an emergency by allowing the Governor to declare an emergency for 120 days and to renew that order for up to 60 more days, for a total of 180 days. Thereafter, to extend or renew the emergency order beyond the 180 days, such order will require the approval of the General Assembly. The Governor may terminate any emergency order or renewal order at any time. ]]> Wed, 22 Apr 2026 17:59:05 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142864 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND NET METERING.

This Act removes the 8% cap on net energy metering for customer-generation.]]> Wed, 22 Apr 2026 16:52:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143088 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SALARIES AND WORKING CONDITIONS OF SCHOOL EMPLOYEES.

This Act adds certified occupational therapy assistants to the list of occupations that qualify for a salary supplement equal to 6% of base salary for receiving national certification.]]> Wed, 22 Apr 2026 16:50:06 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143055 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL.

This Act provides guidelines for Delaware schools in addressing elopement of students with IEPs and 504 Plans. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident and requires that, once a year, the student’s IEP or 504 team review and address a student’s elopement behavior to determine if the IEP or 504 Plan should be adjusted.]]> Wed, 22 Apr 2026 16:49:56 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143050 Delaware House - Out of Committee Legislation AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO HOMESCHOOL STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITIES.

This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program. The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations. Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code. ]]> Wed, 22 Apr 2026 16:49:44 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143124 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT.

This Act amends Chapter 40 of Title 7 of the Delaware Code to revise and clarify provisions relating to sediment and stormwater management. The Act updates the chapter title to reflect the full scope and purpose of the law; removes outdated and redundant language and standardizes terminology for consistency with current program practices and applicable regulations; adds and revises definitions to improve clarity and alignment with existing regulations; removes certain provisions related to designated watersheds and special management areas that are no longer necessary due to updated regulatory requirements and local code provisions; reorganizes and consolidates multiple sections to improve readability and administrative clarity, including provisions related standard plans; removes outdated provisions related to interim program requirements and program establishment; revises provisions related to the Regulatory Advisory Committee by specifying representation to ensure a balanced and manageable body; updates requirements related to plan approval, certification, construction review, and maintenance reviews; revises the public notification process for regulatory guidance documents and removes reference to inapplicable statutory reference and expanding notification methods; removes overly detailed provisions that are addressed in regulation; clarifies enforcement authorities, including the types of violations that may trigger Department action, and increases penalty amounts to align with those set forth in Chapter 60 of Title 7. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 22 Apr 2026 16:03:34 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142941 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND THE DELAWARE CODE RELATING TO PHYSICIAN ASSOCIATES AND PHYSICIAN ASSISTANTS.

This Act changes the title of “physician assistant” to “physician associate” in Title 24, as well as changes the references from physician assistant to physician associate throughout the Delaware Code. It does not change any rights or privileges of those who have been or continue to hold themselves out to be a “physician assistant.” Current law provides that a physician associate may not maintain or manage a location that does not have oversight by the physician associate’s collaborating physician. This Act provides that a licensed physician associate with more than 6,000 post-graduate clinical practice hours who intends to practice without a collaborative agreement must apply to the Regulatory Council for Physician Assistants for independent practice authority. This Act also provides that the Regulatory Council for Physician Associates must adopt rules and regulations to address the following: (1) the verification of post-graduate clinical practice hours for physician associates with more than 6,000 post-graduate clinical practice hours; (2) creating an application for physician associates with more than 6,000 post-graduate clinical practice hours to request independent practice authority; (3) creating a process for physician associates who practice without at least 1 licensed Delaware physician in the group, practice, or health system, and have been granted independent practice authority, to notify the Physician Associates Regulatory Council prior to a change of their practice area and provide proof they have had training which aligns to the new practice area; and (4) the conditions under which a physician associate may be denied independent practice authority and how to reapply. The Act also provides that a physician associate is considered to be a primary care provider when practicing in the medical specialties for a physician to be a primary care provider. Payment for services within the physician associate’s scope of practice must be made when ordered or performed by the physician associate, if the same service would have been covered if ordered or performed by a physician. Payment for services must be based on the services provided and not on the health care professional who delivered the service. Physician associates must be authorized to bill for and receive direct payment for the medically necessary services they deliver. The Act also provides that a physician associate who has independent practice authority may sign the special disabled license plate or placard applicant form certifying that a person is disabled, for use in an application to receive a special license plate. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective immediately and to be implemented the earlier of : (1) One year from the date of the Act’s enactment; or (2) When the Board of Medical Licensure and Discipline approves the enabling regulations promulgated by the Regulatory Council of Physician Associates. ]]> Wed, 22 Apr 2026 16:03:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142945 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.

This Act amends Chapter 28 of Title 24 of the Delaware Code to make corrections to definition of Successor Engineer (§2803); Allow candidates intending to apply using experience track (§2817(5)) to take the Fundamentals of Engineering (FE) and Principles and Practice of Engineering (P&PE) exams prior to obtaining 15 years of verified and approved experience. Remove restrictions on candidates taking the FE exam. According to NCEES, 75% of member boards do not have any restrictions on the FE exam. Candidates that do not meet our current requirements for FE exam approval can take the exam in another jurisdiction, then apply to Delaware when they have met all other requirements (§2817).]]> Wed, 22 Apr 2026 16:03:11 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142978 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.

This Act adds minor league baseball players to the existing exemptions from state minimum wage and recordkeeping standards. After minor league players formed a union in 2022, minor league players represented by the Major League Baseball Players Association (MLBPA) signed their first collective bargaining agreement with Major League Baseball (MLB) in 2023. This exemption actualizes that existing collective bargaining agreement between the players union and MLB. ]]> Wed, 22 Apr 2026 16:02:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143116 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTAL HYGIENE.

This Act expands the scope of practice for dental hygienists in this State. Allowing dental hygienists to use the full range of their education and expertise when providing oral health services will help alleviate provider shortages that make it challenging for Delawareans to obtain dental care. In particular, this Act will help fill gaps in access to preventative oral health care. Oral health is inseparable from overall health, and patients are best served when care is delivered through an integrated, team-based model. Dental hygienists play a vital and respected role in prevention, education, and early identification of disease. A collaborative dental team where each provider practices at the top of their education within a structured system of referral, communication, and accountability ensures patients receive timely preventative services along with accurate diagnosis and appropriate treatment. This approach strengthens access while preserving the standard of care and protecting the public. This Act grants dental hygienists the authority to do all of the following, in addition to the services they currently provide: 1. Administer and dispense topical agents under the standing order of a dentist providing general supervision. 2. Prescribe, administer, and dispense fluoride under the standing order of a dentist providing general supervision 3. Apply sealants without the need for a dentist to examine a patient beforehand, provided a dentist will see the patient within 12 months of receiving treatment. 4. Engage in dental hygiene assessment and treatment planning within the scope of the authority of a dental hygienist as defined by the Board of Dentistry and Denal Hygiene based on education and experience. 5. Provide direct access to prophylaxis without the need for a dentist to examine a patient beforehand, provided a dentist will see the patient within 12 months of receiving treatment. 6. Directly supervise dental assistants in a manner to be prescribed by the Board of Dentistry and Dental Hygiene. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 16:02:45 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143113 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 31 AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL UPDATES FOR THE DELAWARE HOSPITAL FOR THE CHRONICALLY ILL.

The Department of Health and Social Services (DHSS), through the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), operates the Delaware Hospital for the Chronically Ill (DHCI), a Long-Term Care (LTC) facility in Smyrna, Delaware. DHCI is a facility of last resort for Delawareans that require a skilled nursing facility level of care and have no viable options for private nursing facility care. The Delaware Hospital for the Chronically Ill’s name no longer reflects the dignity of all residents who live there. The existing statute uses outdated and offensive language, often referring to residents as “inmates.” It does not align with current policies and procedures around operation and maintenance of DHCI or the skilled care, screening, and admission of its residents, nor does it recognize DHCI’s role as a skilled nursing facility that maintains a five-star rating from the Centers for Medicare and Medicaid Services (CMS). This bill provides a technical update to reflect DHCI’s current practices, policies and procedures as a LTC facility of last resort. It strikes outdated language and aligns the statute with current DHCI, state, CMS practices and requirements. Finally, this bill renames the Delaware Hospital for the Chronically Ill to the Eleanor Cain Center. It will be named in honor of Eleanor Lee Cain, who served as the DSAAPD director from 1973 to 2001 and was a champion for older adults.]]> Wed, 22 Apr 2026 16:02:33 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143096 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE ASSISTANCE.

This Act requires that the Department of Health and Social Services (DHSS) regulations for Purchase of Care (POC), this state's child care assistance program, provide authorization for a child care provider a child will attend during the summer at any time after January 1 because current regulations do not provide authorization for summer care early enough for families to enroll children in summer camps before camps are full. This requirement is consistent with existing POC regulations that allow families to have 2 child care providers if child care is needed at different hours or locations or in the event the primary provider is unavailable. Existing POC regulations also allow families to interrupt their child care assistance with a break during the summer without requiring reapplications for care when school resumes in September. In addition, this Act requires that parent copayments be based on whether the child receives assistance for a full or half day of child care and codifies the following POC policies in existing regulations: • Parent copayments are determined based on household size and income. • Children in the custody of the Department of Services for Children, Youth and their Families are eligible for POC assistance. 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. This Act also adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 16:02:20 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142912 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SUBSTANCE USE HARM REDUCTION.

This Act does all of the following: (1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff. (2) Modifies the definition of drug paraphernalia. (3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 16:02:09 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142304 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO NONCOMPLIANCE WITH SENTENCING.

This Act makes it a class G felony if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more felonies. This Act also makes it a class A misdemeanor if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more misdemeanors and no felonies. ]]> Wed, 22 Apr 2026 16:01:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143062 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY ACT.

This Act updates and clarifies the Underground Utility Damage Prevention and Safety Act (UUDPSA), which dates from the mid-1990s. Specifically, the Act clarifies the obligations of facility owners and facility operators, which the Act defines as the person or entity that owns, operates, or controls an underground or submerged conductor, pipe, or structure used to provide electric or communications service, or an underground or submerged pipe used to carry, provide, or gather gas, oil, sewage, water, or other liquid service. Under the Act, in addition to their existing obligations under the UUDPSA, facility owners and facility operators must respond to requests from an excavator concerning the location of their facilities within 3 business days after receipt of the request, and must provide information to the excavator via the Owner/Operator/Excavator Information Exchange System, which is an interactive system that facilitates communication for that purpose. In addition, "designers," meaning an architect, engineer, or other person who prepares or issues a drawing for a construction or other project requiring excavation or demolition work, are required to meet with a facility owner or facility operator who requests more information on the scope of a project and to make reasonable efforts to prepare construction drawings in a way that avoids damage and minimizes interference with facilities in the construction area. "Excavators," meaning any person proposing to engage in excavation or demolition work, must ascertain the location and type of facilities by contacting the Owner/Operator/Excavator Information Exchange System, and may not begin excavation until a positive response code of "clear" or "no conflict" or "marked" is received from each facility owner or facility operator through the Owner/Operator/Excavator Information System. In the event of an emergency that the excavator discovers or creates, the excavator must immediately notify the occupants of the premises, and, in the event of damage to a facility by the excavator resulting in the escape of a flammable, toxic, or corrosive gas or liquid, or other event that poses a danger to life, health or property, the excavator must immediately notify 911 and the facility owner or facility operator. The excavator is required to exercise due care and take all reasonable steps to avoid injury or interference with facilities, and, in the case of a complex project, to meet with the facility owner or facility operator or their agents before construction begins. The Utilities Service Protection Center of Delmarva, Inc. is required to provide for the approved notification center that, among other things, receives and records information regarding the location of facility owners' and facility operators' facilities within the State and notice by excavators and designers of intended excavation and demolition activity and notifies facility owners and facility operators of the information received from excavators and designers. A facility owner's or facility operator's failure to perform an act required under the UUDPSA is subject to a civil penalty of up to $1 million, for violations that result in a death; up to $500,000 for violations causing damage to a structure, and up to $100,000 for all other violations. For all violations other than those resulting in death or damage to a structure, the Public Service Commission of Delaware may determine that training provided by the approved notification center may be substituted in lieu of a civil penalty. The imposition of a civil penalty does not prevent any party from obtaining civil damages for personal injury or property damage in a private action. Civil penalties will be used by the approved notification center for public awareness programs, training and education programs for members and violators of the UUDPSA, improvements to the approved notification center, or to reduce the cost to members of the approved notification center. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 16:01:05 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143131 Delaware Senate - Out of Committee Legislation DIRECTING THE DEPARTMENT OF EDUCATION TO CONDUCT A STUDY AND REPORT ON WORKFORCE DATA RELATING TO PUBLIC EDUCATION SUPPORT PROFESSIONALS.

This Joint Resolution directs the Department of Education to compile and submit a comprehensive report regarding the workforce data and compensation of education support professionals for the most recent school year. The report must identify staffing levels, vacancies, average wages paid, and the number of employees earning below a $40 hourly wage threshold. The Department is further required to recommend pay scales that align with a minimum living wage and submit its findings to the General Assembly and relevant state offices by November 2, 2026.]]> Wed, 22 Apr 2026 16:00:52 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142955 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO EMERGENCY COMMUNICATION SYSTEMS.

This Act proposes modifications to the in-building regulations regarding bi-directional amplifiers (BDAs).  Currently, buildings that are modified or renovated to exceed 25,000 square feet are not required to meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage, as is required for new buildings.  In some cases, contractors are tearing down all but one exterior wall and rebuilding which has drawn concern from Division of Communications.  The BDA helps to maintain quality in-building communications and to prevent “dead zone” areas so emergency public safety personnel can communicate during a response to an emergency situation.  This Act also removes language pertaining to an advisor committee that is no longer needed. The Act also removes the requirement that the Department of Safety and Homeland Security publish a map of buildings with these communication technologies due to safety concerns. ]]> Wed, 22 Apr 2026 16:00:40 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143093 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.

House Substitute No. 2 for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in; (4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of. This House Substitute is different from House Bill No. 151 in the following ways: (1) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility. (2) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility. It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028. This Substitute makes technical corrections to Section 3 of House Substitute No. 1 for House Bill No. 151. ]]> Wed, 22 Apr 2026 16:00:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141899 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS.

Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education. 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.]]> Wed, 22 Apr 2026 16:00:14 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143060 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE.

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, 2027. This Act is a substitute for and differs from Senate Bill No. 120 in that this Act clarifies that it does not prevent a provision restricting coverage to services by a licensed, certified, or carrier-approved provider or facility, restrict the use of utilization management, or require coverage of biomarker testing for screening purposes or coverage of investigatory and experimental biomarker tests. In addition, the Act differs from Senate Bill No. 120 in that it applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027, rather than December 31, 2026. ]]> Wed, 22 Apr 2026 15:59:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143117 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO MONEY TRANSMISSION.

This Act repeals the existing Chapter 23 of Title 5 and replaces it with the “Delaware Money Transmission and Virtual Currency Modernization Act.” This Act modernizes the State’s regulatory framework for money transmission and addresses the emergence of virtual currency. The Act allows the State Bank Commissioner to coordinate with other states in the licensing and supervision of money transmitters, utilizing the NMLS system. The Act establishes new safety and soundness standards, including a tiered net worth requirement based on total assets and updates surety bond requirements scaled to a licensee’s average daily money transmission liability. The Act standardizes receipt requirements for both fiat and virtual currency transactions, provides a 10-day refund window for certain transmissions, and establishes specific disclosure rules for payroll processing services. This Act provides a 6-month window for general compliance and a 1-year period for licensees to meet new net worth and permissible investment standards. This Act creates new regulatory framework for virtual currency business activity. It defines virtual currency and virtual currency business activity. It mandates specific consumer disclosures regarding the risks of virtual currency and establishes that virtual currency held by a licensee is a pro rata property interest not subject to the claims of the licensee’s creditors. The Act allows the Commissioner to adopt rules and regulations for the administration of this chapter. The Act is to be implemented the earlier of 1 year from the date of the Act’s enactment or notice from the State Banking Commissioner that final regulations have been promulgated. 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 the general corporation law. ]]> Wed, 22 Apr 2026 15:59:47 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142745 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR TREATMENT TO PREVENT HIV INFECTION.

This Act is a substitute for HB 200 and differs from HB 200 by requiring health insurance coverage only for pre-exposure prophylaxis (“PrEP”) medication and post-exposure prophylaxis (“PEP”) medication. This Act also makes technical corrections including updating section numbers and updating the applicability date so insurance companies can file rates that include the cost of the coverage required under this Act. This Act requires individual health insurance plans, group and blanket health insurance plans, the state employee health plan, and state Medicaid insurance to cover medically necessary PrEP medication for the prevention of human immunodeficiency virus (“HIV”) infection before possible HIV exposure and medically necessary PEP medication for the prevention of HIV infection after possible HIV exposure. The coverage must include must be provided without any of the following: 1. Cost-sharing requirements, including deductibles, coinsurance, copayments, and out-of-pocket expenses. 2. Prior authorization or step therapy requirements. 3. Unreasonable delay in coverage determination. This Act applies to all policies, contracts, or certificates that are renewed, modified, altered, amended, or reissued after December 31, 2027.]]> Wed, 22 Apr 2026 15:59:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142412 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO BARTENDING.

This Act changes the age at which a person can bartend from 21 years old to 18 years old, and requires that a bartender who is 18, 19, or 20 years old be directly supervised by a person who is 21 years of age or older and who is working behind the bar with the 18-, 19-, or 20-year-old. This Act also increases the frequency of statutorily mandated alcoholic beverage server training from every 4 years to every 2 years. To ensure that 18–20-year-olds are protected from sexually oriented content by virtue of being permitted to bartend, this Act prohibits anyone under the age of 21 from entering into or working in any capacity in a tavern or taproom that offers sexually oriented entertainment. This includes taverns and taprooms that are licensed as adult entertainment establishments under Chapter 16 of Title 24, taverns and taprooms that offer sexually explicit performances as defined in § 787 of Title 11, and tavern and taprooms that are advertised as “strip clubs,” “adult entertainment clubs,” “gentlemen’s clubs,” or that offer performances or services of a sexually oriented nature. Currently, Delaware is in the minority of states when it comes to requiring bartenders to be 21 years old. By reducing the legal bartending age to 18, this Act will help Delaware’s food service industry remain competitive with the many other states, including New Jersey and Pennsylvania, in which 18–20-year-olds can bartend. ]]> Wed, 22 Apr 2026 15:59:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143052 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES AND REPORTING PERIODS.

This Act requires political committees to submit quarterly campaign finance reports, as opposed to only annual reports. It removes the requirement that a political committee submit a campaign finance report 30 days before an election, but retains the requirement that a report be filed 8 days before an election. The law currently requires only an annual report, a report 30 days before an election, and a report 8 days before an election.]]> Wed, 22 Apr 2026 15:41:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143094 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS.

This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party. This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil. ]]> Wed, 22 Apr 2026 15:41:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143061 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS.

This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”. This language change is a technical change to conform existing law to the standards of the Delaware Legislative Drafting Manual. In addition, this Act clarifies that § 503 of the Title 13, relating to the duty to support a person unable to financially support oneself (formerly “poor person”), includes the duty to a support an adult child with a disability that cannot support oneself. This duty is articulated in H. v. V., 2018 Del. Fam. Ct. LEXIS 4, where the Family Court found that a parent of a 22 year-old adult child diagnosed with severe autism was statutorily obligated to provide support to the adult child. ]]> Wed, 22 Apr 2026 15:41:02 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143051 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SEXUALLY TRANSMITTED DISEASE PREVENTION AND CONTROL.

This Act updates Delaware laws relating to Sexually Transmitted Disease (STD) prevention and control, much of which are outdated and do not reflect current research and medical practice. To that end, this Act does the following: (1) Clarifies that Sexually Transmitted Infections (STIs) are to be treated in the same manner as STDs. (2) Removes the requirement that reportable STDs be reported to DPH within 1 working day. (3) Repeals the provision permitting the Director of DPH to examine a person suspected of being infected with an STD and to order that person to isolate or quarantine. (4) Repeals the provision relating to apprehending, committing, mandating treatment, and quarantine of an infected person. (5) Repeals the provision permitting the Director to bring an action in the Justice of the Peace Court when a person suspected of having an STD presents an imminent danger to public health. (6) Removes the provisions concerning the DOC and DPH isolating or quarantining persons with suspected or known STDs. (7) Provides that health care providers must provide STD and STI testing, but that a pregnant person may refuse testing. Documentation of refusal must be retained in the patient’s medical record along with documentation of test counseling. (8) Repeals the provision permitting a DPH investigator without a medical license to withdraw blood for test purposes. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 15:40:49 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142977 Delaware House - Out of Committee Legislation DIRECTING THE DELAWARE JUDICIARY TO ESTABLISH A PILOT COURT DATE REMINDER PROGRAM AND TO STUDY AND REPORT ON THE FEASIBILITY OF EXPANDING THE PROGRAM STATEWIDE.

This Senate Joint Resolution recognizes that missed court appearances create costs for the justice system and negative consequences for individuals, and that reminder notifications can reduce failure-to-appear rates. It directs the Delaware Judiciary to report on the cost, timeline, and requirements to build a court date reminder program for the Justice of the Peace Court and to expand it to the Court of Common Pleas, Family Court, and Superior Court and provides that DELJIS shall build the program if funding is appropriated.]]> Wed, 22 Apr 2026 15:40:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142910 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10, TITLE 13, AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM PARENTAGE ACT.

This Act adopts the 2017 updates to the Uniform Parentage Act ("Uniform Act") authored by the Uniform Law Commission. Delaware 's current law related to parentage is based on the Uniform Law Commission's 2000 version of the Uniform Parentage Act. The Uniform Law Commission’s website states that it “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The 2017 updates to the Uniform Act have been adopted by 11 states and is pending before the Pennsylvania state legislature. This Act, through the adoption of the Uniform Act, does all of the following: (1) Removes gendered terms throughout this Act to ensure equal treatment of children born to same-sex couples. In Obergefell v. Hodges, 135 S. Ct. 2584 (2015), the U.S. Supreme Court held that laws barring marriage between two people of the same sex are unconstitutional. And, in Pavan v. Smith, 137 S. Ct. 2075, 2078-79 (2017), the U.S. Supreme Court held that a state may not deny married same-sex couples recognition on their children’s birth certificates that the state grants to married different-sex couples. After these decision, parentage laws that treat same-sex couples differently than different-sex couples may be unconstitutional. These changes are also consistent with Delaware’s efforts to write laws using gender silent language unless a solely masculine or feminine term is required to apply a law to 1 gender. See § 211(c) of Title 1 of the Delaware Code. Specifically, these changes include broadening the provisions of Delaware’s parentage law related to the presumption of parentage (Section 11 of this Act), acknowledgment of parentage (Sections 12 through 26 of this Act), genetic testing (Sections 41 through 52 of this Act), and assisted reproduction (Sections 82 through 89 of this Act) to make them gender neutral. (2) Includes a provision for the establishment of a de facto parent as a legal parent of a child. A de facto parent is one who functions as a parent to the child but is unconnected through biology or marriage. This is not a change for Delaware, which has recognized de facto parents in Delaware’s definition of parent in Delaware’s parentage law since 2010. This Act moves the process for establishing de facto parentage to § 8-609 of Title 13 (Section 62 of this Act) to be part of the provisions related to adjudicating parentage, as establishing de facto parentage requires a judicial determination. (3) Updates the assisted reproduction provisions of Delaware’s parentage law, including the parental status of a deceased individual addressing issues similar to those raised by Senate Substitute No. 1 for Senate Bill No. 119 (153rd General Assembly). Specifically, the Uniform Act would treat a deceased individual as a parent of a child conceived by assisted reproduction if the embryo is in utero not later than 36 months after the individual’s death or the child was born not later than 45 months after the individual’s death and if one of the following apply: a. The individual consented in a record to be a parent if assisted reproduction occurs after the individual’s death. b. The individual’s intent to be a parent after the individual’s death is established by clear-and-convincing evidence. (4) Updates the surrogacy provisions of Delaware’s parentage law to reflect recent scientific, legal, and cultural developments in surrogacy practice (See Section 90 of this Act). Delaware’s parentage law currently includes a gestational carrier law and this Act continues that law and adds procedures related to a genetic carrier, which is an individual who is not an intended parent but becomes pregnant through assisted reproduction using the individual’s own gamete. Specifically, §§ 8-801 through 8-807 establish the rules that apply to both types of carrier agreements. Sections 8-808 through 8-813 includes the current rules that apply to gestational carrier agreements. Sections 8-814 through 8-821 adopts the Uniform Act’s rules that apply to genetic carrier agreements. (5) Adopts requirements and procedures regarding access to non-identifying medical history and identifying information regarding gamete providers by children born through assisted reproduction and their parents. Based on data from 2015, the CDC reports that “approximately 1.6% of all infants born in the United States every year are conceived using ART.” Data suggests that this percentage continues to increase. Gaia Bernstein, Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Ind. Health L. Rev. 291, 298 (2013) (noting that “from 2004 to 2008 the number of IVF cycles used for gestational surrogacy grew by 60%, the number of births by gestational surrogates grew by 53% and the number of babies born to gestational surrogates grew by 89%”). Accordingly, it is increasingly important for states to address these issues. The Uniform Act specifically does the following: a. Requires gamete banks and fertility clinics to collect and retain both identifying information and nonidentifying medical history about gamete donors. b. Requires gamete banks and fertility centers to provide non-identifying medical history to parents on request at any time and on request by the donor-conceived child who attains 18 years of age. c. With regard to identifying information, provides that a gamete bank or fertility center shall provide this information to the donor conceived child who attains 18 years of age on their request. (6) Makes technical corrections that conform existing law to current standards of legislative drafting, consistent with the Uniform Act and the standards of the Delaware Legislative Drafting Manual. (7) Consolidates or transfers existing provisions of Delaware’s Parentage Act to ensure logical organization of the law consistent with the Uniform Act, including the following: a. Definitions related to genetic testing, which are transferred from § 8-102 to § 8-501 (Section 41 of this Act). b. Provisions related to genetic testing, which are transferred to § 8-503(e) and (h) (Section 43 of this Act) from § 8-622 (Section 70 of this Act). c. Provisions related to the admissibility of results of genetic testing, which are transferred to § 8-606 (Section 59 of this Act) from § 8-621 (Section 69 of this Act). d. Provisions adjudicating parentage of a child with an alleged genetic parent, which are transferred to § 8-607 (Section 60 of this Act) from §§ 8-622, 8-623, 8-631, and 8-634 (regarding adjudicating parentage by default) (Sections 70, 71, 73, and 76 of this Act). e. Provisions adjudicating parentage of a child with a presumed parent, which are transferred to § 8-608 (Section 61 of this Act) from § 8-607 (Section 60 of this Act). f. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). g. Provisions adjudicating parentage of a child with an adjudicated parent, which are transferred to § 8-611 (Section 64 of this Act) from § 8-609 (Section 62 of this Act). h. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). i. Provisions related to issuing temporary orders, which are transferred to § 8-615 (Section 67 of this Act) from § 8-609 (Section 62 of this Act). j. Provisions related to combining proceedings, which are transferred to § 8-616 (Section 67 of this Act) from § 8-610 (Section 63 of this Act). k. Provisions related to proceedings before birth, which are transferred to § 8-617 (Section 67 of this Act) from § 8-611 (Section 64 of this Act). l. Provisions related to the child being a party and representated, which are transferred to § 8-618 (Section 67 of this Act) from § 8-612 (Section 65 of this Act). m. Provisions related to the court adjudicating parentage, which are transferred to § 8-619 (Section 67 of this Act) from § 8-632 (Section 74 of this Act). n. Provisions related to dismissal for want of prosecution, which are transferred to § 8-621 (Section 69 of this Act) from § 8-635 (Section 77 of this Act). o. Provisions related to orders adjudicating parentage, which are transferred to § 8-622 (Section 70 of this Act) from § 8-636 (Section 78 of this Act). p. Provisions related to the binding effect of a determination of parentage, which are transferred to § 8-623 (Section 71 of this Act) from § 8-637 (Section 79 of this Act). q. Miscellaneous provisions currently in subchapter IX which are transferred to subchapter X to allow for the inclusion of new provisions related to information about donors of gametes or embryos intended for use in assisted reproduction. (8) In Sections 98 through 125 of this Act, makes changes to conform existing law to the changes made by the Uniform Act. The majority of these changes ensure consistent usage of terms and definitions used by the Uniform Act.]]> Wed, 22 Apr 2026 15:40:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142813 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL MISCHIEF.

This Act increases for the crime of criminal mischief to a class F felony when the person intentionally causes damage to an authorized emergency vehicle resulting in a pecuniary loss of $5,000 or more or in the authorized emergency vehicle becoming temporarily unable to be used to respond to an emergency. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 22 Apr 2026 15:40:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143107 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMPUTER SECURITY BREACHES.

This Act amends Chapter 12B of Title 6 relating to Computer Security Breaches to clarify when businesses must provide notice of a computer security breach to the Attorney General.]]> Tue, 21 Apr 2026 17:23:30 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143105 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY.

This Act amends the Delaware Personal Data Privacy Act (DPDPA), Chapter 12D of Title 6, originally enacted in 2023, to more closely align the DPDPA with similar consumer data protection laws enacted in other states. This Act amends the applicability threshold of the DPDPA to entities who process the personal data of not less than 15,000 consumers, which on a population percentage basis closely aligns to thresholds in Connecticut and New Jersey. This Act amends Gramm-Leach-Bliley Act (GLBA) applicability exemptions, adopting approaches to financial data in similar laws in Connecticut, Montana, and Oregon, by exempting all data regulated by GLBA while limiting entity-level exemptions specifically to banks and insurers and their respective affiliates. This Act introduces contracting and due diligence requirements where businesses sell or disclose personal data to third parties and also harmonizes several DPDPA business requirements and consumer rights with personal data privacy laws in other states. This Act also makes technical changes to existing law to conform to the standards of the Delaware Legislative Drafting Manual. ]]> Tue, 21 Apr 2026 17:23:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142673 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE BROKERS AND SALESPERSONS

Section 1 of the Act exempts an individual not engaged in the business of “wholesaling” real estate from needing to be a real estate licensee. The business of wholesaling is when someone enters into an Agreement of Sale as a buyer, then markets the property and assigns that agreement to a different buyer and collects a fee for that assignment. While this process is unobjectionable under certain circumstances, at other times, it is used as a means to charge an excessive assignment fee, which is “equity stripping” of money that should go to the seller. The Act makes clear that marketing properties this way is the brokerage of real estate and must be done by a real estate broker. This is based on similar laws in Pennsylvania. Section 2 of the Act includes the business of wholesaling under the definition of real estate services. It also clarifies that a person engaged in the business of wholesaling must be licensed under Chapter 29 of the Delaware Code. Section 7 of the Act allows 270 days for such persons to become licensed. Section 3 of the Act defines “wholesaling”. Section 4 of the Act increases the amount a member of the public may collect from the Real Estate Guarantee Fund from $25,000 to $50,000 and increases the minimum amount of the Fund from $250,000 to $350,000. It also provides more discretion to the Commissioners, making it easier to award funds to a member of the public. In addition, it provides additional detail for how Commissioners may approve expenditures from the Fund and requires that they shall be provided with financial statements relating to the Fund. Section 5 of the Act adds a section to the Delaware Code for requirements for the business of “wholesaling” and adds protections for the member of the public entering into a wholesaling transaction. This is patterned after a recently enacted law in Pennsylvania. Section 6 of the Act provides that Sections 1, 3, and 4 of the Act, which include changes to certain definitions and revisions to the Real Estate Guaranty Fund, take effect upon the Act’s enactment into law. Section 7 of the Act provides that Section 2 of the Act, which requires a wholesaler to be a real estate licensee, takes effect 270 days after the Act’s enactment into law. Section 8 of the Act provides that Section 5 of the Act, concerning the right to cancel agreements of sale or contracts for wholesale transactions, takes effect 90 days after the Act’s enactment into law. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 21 Apr 2026 14:48:29 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143040 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARRIER COVERAGE OF IMMUNIZATIONS AND PREVENTIVE SERVICES.

This Act clarifies that individual, group, and blanket health insurance carriers must provide for and pay for services (including immunizations) that were recommended by the Advisory Committee on Immunization Practices of the Center for Disease Control (CDC) and the comprehensive guidelines supported by the Health Resources and Services Administration (HRSA) that were in effect as of January 1, 2025. They must also cover immunizations that were supported by national clinical guidelines or national standards of care in effect on January 1, 2025. To that end, this Act removes provisions that permit carriers to deny coverage for these items or services simply because they are not currently recommended by the Advisory Committee on Immunization Practices of the CDC and the comprehensive guidelines supported by the HRSA. This Act also removes obsolete United States Preventative Task Force provisions related to breast cancer screening from 2009.]]> Tue, 21 Apr 2026 14:48:07 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143024 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROJECT LABOR AGREEMENTS FOR SCHOOL DISTRICT PUBLIC WORKS CONTRACTS.

This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.]]> Thu, 16 Apr 2026 14:05:55 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142980 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY REGULATIONS.

This Act includes changes to align the editorial powers of the Registrar with the Delaware Code editors related to removing gendered language from regulations when the intended meaning is clear. This Act revises the submission and publication schedule of the Register of Regulations to provide more consistent review and processing times to the Registrar, which will allow for more effective interaction with promulgating agencies and more efficient distribution of the Registrar's workload. This Act also removes language requiring the antiquated practice of providing copies of the Register of Regulations to 2 state daily newspapers. The Register of Regulations will continue to be published online for the public and copies will be provided, upon request, to the public, law libraries and public libraries in this state, and the Director of the Division of Libraries. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 15 Apr 2026 17:27:38 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142931 Delaware House - Out of Committee Legislation AN ACT PROPOSING AMENDMENTS TO THE DELAWARE CONSTITUTION RELATING TO TECHNICAL CORRECTIONS.

This Act is the first leg of an amendment to the Delaware Constitution to do the following: (1) Make certain limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly. (2) Make necessary technical corrections identified by the Code Revisors and the Division of Legislative Services during the incorporation of amendments to the Delaware Constitution enacted during the first session of the 153rd General Assembly. Specifically, Section 1 of this Act authorizes a single General Assembly to make the following limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly if the amendment is agreed to by three-fourths of all the members elected to each House: (1) Change reference numbers to agree with renumbered Articles, Sections, subsections, or paragraphs. (2) Substitute the proper Article, Section, subsection, or paragraph designation for “this Act,” “the preceding section”, or similar references. (3) Ensure numbers are written in their numerical form rather than word form. (4) Change capitalization for the purpose of uniformity. (5) Correct manifest typographical and grammatical errors. (6) Use gender silent techniques to ensure that a masculine or feminine pronoun is not used except when it only applies to 1 gender. (7) Make corrections needed following the enactment of 2 or more amendments to the same provision of this Constitution that result in grammatically incorrect language or do not fulfill the intent of one or more of the amendments. (8) Make any other purely formal or clerical change. These types of changes are intended to be consistent with the Code Revisors’ editorial duties and powers related to the Delaware Code. Additionally, Sections 2 through 12 of this Act makes the following specific technical corrections: (1) In Sections 2 and 3 of this Act, makes changes to §§ 17A and 17 B of Article II by removing an unnecessary “by” before “fraternal societies” in both Sections (lines 6 and 17), adding “Internal” to clarify in both Sections that the cited provision is in the Internal Revenue Code (lines 10 and 22, and making changes in Section 2 to ensure consistency with similar language in Section 3 (lines 10 and 11). (2) In Section 4 of this Act, amends § 10 of Article III to correct errors caused by the enactment of House Bill No. 10 (153rd General Assembly) and Senate Bill No. 15 (153rd General Assembly) (lines 29 to 30). (3) In Section 5 of this Act, amends § 19 of Article III to add a comma (line 35). (4) In Section 6 of this Act, amends § 35 of Article IV remove unnecessary commas and add an Oxford comma (lines 42, 46, and 51). (5) In Section 7 of this Act, amends § 37 of Article IV to remove a duplicate “the” (line 59). (6) In Section 8 of this Act, amends § 1 of Article V to remove a duplicate comma (line 67). (7) In Section 9 of this Act, amends § 4 of Article V to remove a duplicate “the” (line 76). (8) In Section 10 of this Act, amends § 8 of Article V to remove an unnecessary “and” (line 125) and to add subsection designations to § 8 to increase readability and enable pinpoint amendments in the future. (9) In Section 11 of this Act, amends § 10 of Article VIII to remove a duplicate “an act” (line 144). (10) In Section 12 of this Act, amends § 2 of Article IX to add a “the” (line 148). Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. 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 to amend the Delaware Constitution.]]> Wed, 15 Apr 2026 17:26:57 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142958 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CERTIFICATE OF ARTS EXCELLENCE.

According to the Arts Education Partnership, 27 states currently include arts course credits as a requirement for high school graduation, and several states have implemented diploma seals or similar recognition programs to incentivize participation. This Act directs the Department of Education to establish the Delaware Certificate of Arts Excellence to recognize high school students who demonstrate sustained engagement and achievement in the arts. Establishing a similar program in Delaware could help increase arts enrollment, elevate the value of arts education, and support students interested in pursuing creative professions. ]]> Wed, 15 Apr 2026 17:26:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142916 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BULLYING.

This Act revises the parent notification requirements for school bullying policies by repealing the requirement that notification be made using a form generated by the Department of Justice (DOJ). This change conforms to DOJ’s current practices and procedures related to involvement with student behavior issues. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 15 Apr 2026 17:26:24 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143049 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC SCHOOL REGISTRATION PROCESS.

This Act removes a requirement for a parent to provide a birth certificate as part of the uniform public school registration process. A parent may instead provide other proof of age or date of birth.]]> Wed, 15 Apr 2026 17:26:07 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142765 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO READING COMPETENCY.

This Act provides that each school district and charter school must report three times a year, instead of annually, to the Department of Education, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to mandated literary screening, and the literacy intervention approaches being provided. ]]> Wed, 15 Apr 2026 17:25:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142763 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO TRAINING AND APPRENTICESHIP PROGRAMS.

This Act removes the Department of Education from the process related to funding for apprenticeships, as this is administered through the Department of Labor. ]]> Wed, 15 Apr 2026 17:25:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142760 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRANSPORTATION OF PUPILS.

This Act amends Title 14 to provide the Department of Education the authority to adopt rules and regulations regarding the transportation of public school students.]]> Wed, 15 Apr 2026 17:25:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143009 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM ASSIGNMENT FOR BENEFIT OF CREDITORS ACT.

With only minor modifications consistent with Delaware law and practice, this Act adopts the Uniform Assignment for Benefit of Creditors Act (the “Uniform Act”), authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Act was approved by the Uniform Law Commission in October 2025 and, as of March 2026, has been enacted in Nebraska and Utah and introduced in Alabama, Arizona, Colorado, Iowa, and Oklahoma. Because this Act adopts the Uniform Act with only minor modifications, the “Comments” to the Uniform Act may be deemed to be persuasive authority in interpreting this Act; provided, however, that the second and third sentences of the Comment to Section 2 of the Uniform Act shall instead be deemed to read as follows: “If an asset is not assignable by its terms or under other law, that asset is not part of the assignment estate unless either any required consent is obtained or other law overrides the anti-assignment provision. This Uniform Act does not preclude the assignee from negotiating with any person whose consent is required for an assignment to obtain its consent for the assignment of an asset.” This Act provides for the use of an assignment for benefit of creditors (an “ABC”), which is an efficient and flexible state law mechanism to wind up a distressed business. Although the use of an ABC to liquidate the assets of a failing business is rooted in the common law, the various states have significant differences in their statutes or common law of ABCs and Delaware’s statute has few details, was enacted many decades ago, and has not subsequently been revised. This inconsistency and lack of detail leads to significant variance throughout the country in the utility of ABCs and the frequency with which ABCs are used. This Act addresses this gap in the law by cementing the common law in statute and providing updates that modernize the law and provide clarity to assignors, assignees, and creditors alike. In an ABC, a financially distressed business, called an “assignor,” transfers control of all of its assets to an “assignee,” who acts as a fiduciary for the business’s creditors. The assignee liquidates the business’s assets and distributes the proceeds to the business’s creditors. These proceeds go towards payment of the creditors’ claims against the assignor. This Act creates a state law alternative to other procedures available to the assignor for winding up its business and provides benefits that are not available through a federal bankruptcy case or a state or federal law receivership. In many cases, an ABC will be more flexible, quicker, and less costly than the other alternatives. An ABC may be an improvement on these alternatives in certain situations in significant ways: (1) it is debtor-initiated; (2) it provides assurances to creditors by imposing fiduciary duties upon the assignee; (3) it aims to maximize the value of the business’s assets for the benefit of all creditors; and (4) it encourages cooperation between the distressed business and the creditors by aligning these parties’ goals. This Act’s roadmap for ABCs clearly establishes: (1) The persons eligible to be assignors and the qualifications for assignees; (2) The relationship between an ABC under this Act and existing federal and state statutes, including the Bankruptcy Code; (3) The contents of the assignment agreement; (4) The effect of an ABC on the assignor’s property interests and the procedure for conveying those assets to the assignee; (5) Procedures for notifying creditors of the ABC and the implications of the opt-out decision; (6) Duties and powers of the assignor and assignee, including limitations on liability; (7) A process for allowing and disputing claims; (8) A waterfall for the distribution of proceeds to secured and unsecured creditors and payment of expenses incurred by the assignee; (9) Procedures for winding up the assignment estate; (10) The extent of recognition of out-of-state transactions and appointment of an ancillary assignee for administration of out-of-state assets; and (11) That a conveyance by an assignor or assignee for the benefit of the assignor’s creditors under this Act is not subject to this State’s realty transfer tax. This Act is intended to replace Delaware’s current ABC law, resulting in the repeal of the current law under Sections 2 through 8 of this Act and provision, under Section 9 of this Act, for the continued application of the current law for existing ABCs made before the effective date of this Act. ]]> Wed, 15 Apr 2026 16:45:42 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143028 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS.

This Act institutes a State nontidal wetlands program to include additional wetlands that are no longer regulated at the federal level. The State wetlands program will cover both tidal and nontidal wetlands, and in that manner fill in gaps in federal jurisdiction under the Clean Water Act and mitigate the uncertainty surrounding the limits to federal jurisdiction and improve efficiencies in the wetland permitting processes. Section 1 of the Act makes a number of changes to Chapter 66 of Title 7 of the Delaware Code: Section 1 adds definitions to § 6603 of Title 7, including for "aquatic habitat functions and services"; "Community Water Access Structure"; "Delaware Wetland Screening Tool," which is a screening tool o be developed in regulations to determine whether an area has the potential to qualify as a wetland; "Exceptional Value Wetlands", which are wetlands that are unique or high functioning, that support flora or fauna that are endangered or threatened, that are located in public water supply Source Water Protection Areas, or located within designated natural areas; "foot bridge"; "linear utility infrastructure projects"; "mitigation"; "normal residential gardening and lawn and landscape maintenance"; "pilings"; "unique wetlands," meaning wetlands that are categorized by the Department of Natural Resources and Environmental Control (DNREC) as Coastal Plain seasonal ponds, inner-dune depression meadows, peatland fens, Piedmont stream valley wetlands, bald cypress swamps, Atlantic white cedar swamps, or black ash seepage swamps; "voluntary wetland habitat restoration project"; and "wetland walkway". In addition, the definition of "wetlands" is revised to include all tidal and nontidal wetlands in the State, and will be further clarified in regulations adopted by DNREC. Section 1 also amends § 6604 of Title 7 to provide that an applicant for a wetlands permit has the burden of proving whether a proposed activity is within tidal or nontidal wetlands. In addition, Section 1 amends § 660 of Title 7, concerning activities that are exempt from permit requirements under Chapter 66 of Title 7. Under the Act, the following activities are exempt: farming, provided certain requirements are met, including that farming or an intent to farm has been conducted on the land in the prior 10 years on a rolling basis; silvicultural activities permitted by the Department of Agriculture; conservation practices on lands that are engaged in programs through certain federal or state governmental agencies; hunting, fishing, trapping, and duck blinds; wildlife nesting structures; mosquito control activities authorized by the DNREC; construction of certain drainage ditches, tax ditches, swales, and other drainage features; artificial ponds and borrow pits; construction of directional aids to navigation; placing of boundary stakes; foot bridges; normal residential gardening and lawn and landscape maintenance. In addition, other activities are conditionally exempt: certain activities that would be allowed under a nationwide permit issued by the United States Army Corps of Engineers; nontidal wetlands equal to or less than a contiguous 0.50 acres, provided certain criteria are met; work performed by a state, county, or municipal government or conservation district, or such an entity's designated contractor, on nontidal wetlands in the Delaware Atlantic Coastal Plains Province with a contributing drainage area of less than 800 acres; maintenance, reconstruction, or retrofitting work performed by or with the assistance of any state, county, or municipal government or conservation district in nontidal wetlands; certain work in agricultural drainage ditches; the creation or maintenance of certain ponds constructed in uplands; and wetland walkways, under certain conditions. Section 1 also amends § 6607 of Title 7, concerning the procedures, regulations, and application fees associated with permit applications. The Act provides that initial regulations promulgated under Chapter 66 will establish the Delaware Wetland Screening Tool. Further, in addition to the regulations the Secretary of DNREC is already directed to adopt, the Secretary is instructed to adopt regulations affording additional protections to Exceptional Value Wetlands; reducing duplication with the permitting requirements of the U.S. Army Corps of Engineers; improving the State's ability to account for impacts from wetlands permitting actions; promulgating mitigation strategies to facilitate no overall net loss in wetland acreage and function and to protect the State's resilience to the impacts of climate change; and establishing general permits for common and environmentally beneficial activities with minimal environmental impact. Section 1 further amends § 6607 concerning the timeline for DNREC issuing a decision regarding a permit application Section 1 creates a new § 6621, establishing the Wetlands Regulatory Advisory Committee. The Committee is directed to assist DNREC in developing the initial regulations required under Chapter 66 of Title 7 and to evaluate the permitting processes for activities regulated by state and federal agencies. The Committee is to be made up of 23 members, including the County Administrator or County Executive, or the County Administrator's or County Executive's designee; representatives from the Delaware Farm Bureau, the conservation districts, various environmental advocacy groups, an environmental justice organization, the Home Builders Association of Delaware, the Delaware Association of Realtors, the American Council of Engineering Companies of Delaware, the Delmarva Chicken Association, a general business group, a private wetlands consultant certified by the Society of Wetlands Scientists, and members from higher education institutions with specialization in wetlands science, agricultural economics, and with knowledge of forestry or soil conservation. The Committee is directed to review DNREC's implementation of the initial regulations required by Chapter 66 and provide a final report recommending legislative or regulatory improvements. Section 2 of the Act deletes Chapter 66A of Title 7 of the Delaware Code, "Nontidal Wetland Standards," which had created a Wetlands Advisory Committee to assist the Secretary of the Department of Natural Resources and Environmental Control in developing wetland protection priorities for the State and identifying a comprehensive approach for improving nontidal wetland conservation, restoration, and education to recommend to the General Assembly, and to evaluate the permitting process for activities regulated by state and federal agencies. Section 3 of the Act provides that activities in private nontidal subaqueous lands authorized under a nationwide permit issued by the U.S. Army Corps of Engineers and in effect in the state are exempt from any requirements under Chapter 72 of Titel 7 of the Delaware Code, if a water quality certification has been received from the Department of Natural Resources and Environmental Control, where necessary. Section 4 of the Act provides that §§ 6621 and 6622 of Section 1 of the Act, and Section 2 of the Act, are effective upon enactment; Section 3 of the Act is effective 60 days after enactment; and the remaining provisions of the Act are effective upon the adoption of initial regulations by the Department of Natural Resources and Environmental Control. ]]> Wed, 15 Apr 2026 16:44:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143016 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 2, TITLE 9, TITLE 19, AND TITLE 30 OF THE DELAWARE CODE RELATING TO SUPPORT FOR FEDERAL WORKERS AFFECTED BY A GOVERNMENT SHUTDOWN.

This Act provides the following support for federal workers during a government shutdown: (1) In Section 1 of this Act, interest free loans to provide financial assistance. (2) In Section 2 of this Act, free transportation on public transit. (3) In Sections 3 through 6 of this Act, deferral of certain State, county, and school tax filings, payments, and collections.]]> Wed, 15 Apr 2026 16:44:34 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142996 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act. ]]> Wed, 15 Apr 2026 16:43:56 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142887 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS AND BACKGROUND CHECKS.

This Act mandates that all current and prospective employees or contractors of the Office of Auditor of Accounts submit to state and federal criminal background checks.]]> Wed, 15 Apr 2026 16:43:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142746 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PAID LEAVE.

This Act clarifies that paid leave for the adoption of a child may begin at one of the following times: (1) when the child is placed for adoption with the employee; (2) when the employee initiates a petition for adoption; or (3) when the adoption process is completed. ]]> Wed, 15 Apr 2026 16:43:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142496 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM.

This Act removes the Director of Autism Resources ("Autism Resources"), formerly the "Statewide Director of the Delaware Autism Program," as a member of the Interagency Autism Committee ("ICA"). Autism Resources falls under the Department of Education, and changing this member to a representative of the Department lends more flexibility in selecting a member to represent the Department. This Act also removes the Delaware Family Voices member, because Delaware Family Voices now falls under the Parent Information Center, who already has representation on the ICA. In addition, under this Act the ICA or DNEA may make recommendations on the family and self-advocate ICA positions for consideration by the Governor. This Act also updates the appointing authority for ICA members that represent non-governmental entities, because the power of appointment cannot be delegated to an entity which is not a part of the state government. See State ex rel. James v. Schorr, 65 A.2d 810, 812 (Del. 1948). This Act also makes technical changes to make existing law conform with the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 15 Apr 2026 16:42:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143037 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FOLIC ACID FORTIFICATION.

This Act requires that effective amounts of folic acid be added to corn masa flour and corn masa which are staples in many minority diets. Under this Act, corn masa flour sold or used in the State must contain folic acid at a level of .7 mg of folic acid per pound of corn masa flour. Wet corn masa product must contain .4 mg of folic acid per pound of end product. These products must include a declaration of folic acid on the nutrition label in accordance with applicable federal law. Minority communities in the United States face a greater risk of neural tube defects (NTDs), which are serious birth defects that occur during early pregnancy. NTDs include spina bifida, characterized by an opening along the spine that can cause mild to severe nerve damage and disability, and anencephaly, a fatal condition where parts of the brain or skull are missing in newborns. Research has shown that daily intake of folic acid can reduce the risk of NTDs by over half. In response, the U.S. Food and Drug Administration mandated folic acid fortification in enriched cereal grain products in 1998, resulting in a 35% reduction in NTD cases. However, this policy did not include corn masa flour, a staple in many minority diets. ]]> Wed, 15 Apr 2026 14:56:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143020 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO KRATOM.

This Act requires that a person that prepares, distributes, sells, or advertises for sale a food that is represented to be a kratom product to disclose the factual basis on which the representation is made. It establishes prohibitions related to the preparation, distribution, sale, and advertisement of kratom products, including prohibiting the distribution or sale to individuals under the age of 21. It imposes civil violations on those who violate the prohibitions. It requires the Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security, in collaboration with the Delaware Healthcare Association, to report to the General Assembly, on or before December 31, 2026, on the number of adverse health events observed in individuals after the use of opioid–like substances, including kratom; and generally relating to kratom.]]> Wed, 15 Apr 2026 14:56:02 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143043 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.]]> Wed, 15 Apr 2026 12:32:27 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142969 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT BY IMPERSONATION OF A FAMILY MEMBER.

This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.]]> Wed, 15 Apr 2026 12:32:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142564 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RIGHT OF REDEMPTION.

This Act allows tenants who are being evicted for failure to pay rent to remain in their homes if they pay all amounts owed prior to being evicted. It also makes technical corrections to conform existing law to the standards of the Drafting Manual. This Substitute differs from the original Act by incorporating the changes from Senate Amendment No. 1 to Senate Bill No. 116 which includes the following changes: - Increased the time from 12 to 24 months for the lookback period for restricting the number of times the right of redemption is available to a tenant. - Puts a requirement to proactively file with the court a request for a stay of the writ if payment is made after the writ of possession has been posted. - Makes clear that payment after posting of the writ only stays the writ until the payment has cleared and dismissal is not required until such time. This Substitute also adds the following changes based on further input from stakeholders: - Makes it clear that this Act only applies to evictions based on failure to pay rent. - Clarifies that any rent that is due under the terms of the lease must also be paid, in addition to any demanded past due and per diem rent, for redemption to apply. - Adds language that the landlord may restrict any payments to methods accepted under the terms of the lease, and the landlord may further restrict any payments made after judgment is entered to certified checks or money orders. ]]> Tue, 14 Apr 2026 14:59:24 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142857 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASES.

This Act repeals the sunset date on the rent increase calculations for manufactured home communities that were enacted as a pilot under Senate Bill No. 317 (151st General Assembly), 83 Del. Laws, c. 341. Under this Act, the calculations used for rent increases under § 7052A and § 7052B of Title 25 replace the grounds for rent increases under § 7052 of Title 25. ]]> Tue, 14 Apr 2026 14:59:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142909 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKPLACE SAFETY PROGRAM.

This Act makes updates to the Delaware workplace safety program to increase the workers’ compensation insurance credit that businesses can access while maintaining overall program stability. Past legislation that adjusted Workplace Safety Program parameters led to the filing of a new Experience Rating Plan by Delaware Compensation Rating Bureau, which inadvertently resulted in lower discounts. Most businesses with lower-than-average claim costs, regardless of size, continue to see reductions in their experience modification factors. The Workplace Safety Program credit and the experience modification factor savings result in a similar savings as before for employers with favorable loss history. However, this was not the intention of prior law. This Act ensures that companies can reach maximum premium savings of 12%.]]> Tue, 14 Apr 2026 14:59:01 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142786 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This Act prohibits employers from asking employees or potential employees about political preferences, including donations the employee makes to candidates for office or political committees. It also prohibits employers from taking any adverse action against an employee based on political affiliation or preference. The prohibition does not apply if a political affiliation or preference is a bona fide occupational qualification of the employment. It also does not apply if employer disclosure of employee contributions is required by federal or state law.]]> Tue, 14 Apr 2026 14:58:49 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142911 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16, TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE, AND CHAPTER 237, VOLUME 83 OF THE LAWS OF DELAWARE, RELATING TO PRIMARY CARE SERVICES.

This Act amends Titles 16, 18, 29, and 31 of the Delaware Code and Chapter 237, Volume 83 of the Laws of Delaware relating to primary care insurance. Among other things, the Act does the following: Section 1 of the Act amends § 9903 of Title 16 of the Delaware Code to provide that the Health Care Commission, in coordination with the Primary Care Reform Collaborative, will monitor compliance of primary care providers with value-based care delivery models established under the Office of Value-Based Health Care Delivery (OVBHCD). Section 2 of the Act amends § 9904A of Title 16 to remove a time frame limitation for the period during which the Health Care Commission is authorized to request written reports by health insurers regarding progress in adopting and implementing value-based payment models. Under the Act, the PCRC may continue to request such reporting going forward. Section 3 of the Act amends § 329 of Title 18 to provide that administrative penalties for violations of §2503(a)(12), §2503(a)(15), § 3342B, and § 3556A of Title 18 may be equivalent to the amount of the violation, and that penalties imposed for such violations are to be deposited into a Primary Care Fund, which will be used by the Statewide Benefits Office and the Division of Medicaid and Medical Assistance. Section 4 of the Act amends § 334 of Title 18 to clarify that the OVBHCD has the ability to promulgate regulations necessary to accomplish the stated goals of reducing health-care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. Section 5 of the Act amends § 2503 of Title 18 to extend current cost containment calculations to rate filing year 2027. In rate filing year 2028 and thereafter, it specifies that cost per service for health benefit plans may not exceed 250% of Medicare reimbursement for comparable services, or a rate further delineated by regulation for similar services, unless operating under a federal or state global budget model approved by the Department. Carriers issuing plans in the commercial market for 2 consecutive years and that cover more than 5,000 members must meet minimum percentages of alternative payment model contracting, as specified. Section 6 of the Act amends § 3342B of Title 18 concerning primary care coverage offered by individual insurance plans. Under the Act, starting in 2026, carriers must spend at least 11.5% of their total cost of medical care on primary care, at least 5% of which must be via prospective primary care management payments. Carriers must offer value-based care programs and may not deny contracted providers the opportunity to participate in an offered value-based care program. In addition, the Commissioner is required to issue regulations regarding the calculation of total cost of care. Section 7 of the Act applies the same changes as Section 6 of the Act to § 3556A of Title 18, concerning primary care coverage offered by group insurance plans. Section 8 of the Act deletes a sunsetting clause contained in Section 14, Chapter 237, Volume 83 of the Laws of Delaware, which would have repealed § 2503(a)(12)a., § 3442B(b)(3), and § 3556A(b)(3) of title 18, effective January 1, 2027. Section 9 of the Act amends § 5204 of Title 29 to provide that health-insurance coverage for public officers and employees shall be provided by a carrier whose cost per service may not exceed 250% of Medicare reimbursement for comparable services beginning in Fiscal Year 2029 unless operating under a federal or state global budget model approved by the SEBC, and provides balance billing protections. In addition, Section 9 of the Act specifies that coverage shall be provided by a carrier offering value-based care programs equivalent to the commercial market requirements. Section 10 of the Act amends §5224 of Title 29 concerning primary care coverage of insurance coverage for public officers and employees, to require plans to report data on the percentage of primary care spending as a percentage of total medical costs for plan years 2027 and 2028 and to increase spending on primary care by 1% per year thereafter until primary care spending reaches 11.5% of total medical costs. Section 11 of the Act creates §539 of Title 31, concerning state public assistance, to require entities providing health insurance under § 505(3) to report data on the percentage of primary care spending as a percentage of total medical costs for 2 plan years and, in subsequent years, increase primary care spending by 1% until primary care spending reaches 11.5% of total medical costs. Section 12 of the Act provides that the Department of Insurance shall promulgate regulations pursuant to the Act within 18 months of enactment.]]> Tue, 14 Apr 2026 14:06:55 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142872 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOL.

This Act cleans up antiquated portions of The Liquor Control Act, under Title 4, by updating provisions that have been in the Code since the 1930s and making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also creates two new license types: (1) a special event license and (2) a bottle club license for businesses offering creative arts experiences like painting, candle-making, and other arts and engagement activities. In addition to technical changes, this Act makes all of the following changes to Title 4 of the Code: Sections 2, 7, 8, 15, 11, and 22 changes “retailer” or “retail” to “package store” in § 512A, § 512C, § 524, and § 904. Section 1 updates and modernizes definitions in § 101 by lowering the number of customers for concert hall licenses, clarifying that IRS-recognized 503(c)(3) or similar organizations may obtain gathering licenses, clarifying that an “importer” also means a wholesaler or distributor because the terms are used interchangeably throughout Title 4 and the Office of the Alcoholic Beverage Commissioner (“Office”) regulations, renaming a “retailer” as a “package store” and providing a clearer definition, and adding a new definition of “special event” for the special event license created by this Act. Section 2 requires the Office, under § 304, to provide current licensing data on its public-facing website rather than submitting annual reports to the Governor and the General Assembly. The Office already provides the licensing data on its website in lieu of paper reports that become stale quickly. Section 2 also updates how the Office provides notice of a hearing to consider a license application and the protests to the license application by removing the requirement to post the notice on the entrance door of the proposed licensee’s establishment and requiring the Office to mail notice by first class mail instead of registered mail. These changes reflect modern practices. Section 3 updates antiquated fiscal provisions in § 310 by requiring the Office to deposit receipts with the Office of the State Treasurer instead of the Division of Revenue and by requiring the Office to maintain receipt records and make the records available to the Division of Accounting instead of the Office of the State Treasurer. Section 4 allows the Auditor of Accounts (“Auditor”) to audit the Office, under § 313, as often as the Auditor considers necessary instead of requiring the Auditor to conduct an annual audit of the Office. Section 5 clarifies, under §501, that importers licensed as suppliers must deliver products directly to a licensed warehouse of a Delaware licensed importer because brokerage import firms licensed by the federal government as importers are also licensed as suppliers by the Office and act as agents of suppliers. Section 6 cleans up sentence structure in § 508 to clarify manufacturer and distillery reporting requirements. Section 9 removes the domestic sales cap on production for distilleries licensed under § 512E, because no other state has a similar production cap. Section 10 creates a new § 512H that allows the Delaware Alcoholic Beverage Control Commissioner (“Commissioner”) to grant to a qualified applicant a special event license for festivals, arts, crafts fairs, and other similar open-air events. The special event license permits the service and sale of alcoholic liquors for consumption on the licensed premises at special events hosted on the licensed premises by the landowner or tenant (the landowner could contract with a promotional company. A qualified applicant may hold only 1 special event license. The licensed premises must meet certain requirements, including having controlled ingress and egress. Also, at each special event sufficient food must be available at all times when alcohol is sold. A licensee must submit each special event to the Commissioner for review and approval at least 30 days prior to the special event (caterers have 20 days to provide the same materials but the Office feels the 10 extra days are needed for larger events), and the appropriate political subdivision must have approved the special event. The Commissioner may suspend a special event license, deny future licenses, or impose a fine of up to $10,000 per violation if the special event license holder has made misrepresentations on its application materials or fails to comply with the requirements of § 512H. Section 11 updates § 514 to allow an in-state manufacturer to donate alcoholic liquors to gathering license holders and require applicants for a biennial premises type gathering license to provide notice of application under § 524, unless the applicant has already been granted a biennial premises type gathering license and has no violations. Section 12 expands § 515A to allow the Commissioner to grant a bottle club license to a business establishment where customers pay a fee to participate in a creative arts experience, including painting, pottery-making, candle-making, or other similar activities. Some of these types of businesses already tell customers that the customers may bring alcohol, like a bottle of wine, on the premises. The bottle club license allows a licensed business’s customers to bring alcohol onto the business’s premises for on-premises consumption by the customer if sufficient food is provided while alcohol is being consumed. Section 13 updates § 516 by replacing “store” with “package store”, which eliminates off-premises licenses for restaurants and clubs because these establishments can now sell alcohol to-go. But the few existing licenses will be grandfathered, just like the taproom off-premises license that was eliminated in 1983. Section 14 gives a property owner or governing body who receives a notice of application under § 524 the option to file protests with the Office by email and updates the Office’s mailing address. Section 16 changes hearing requirements under § 541 so that the Office is not required to hold a hearing to consider a license application and the protests to the application, unless at least 5 persons who filed protests and who reside or own property located within 1 mile of the premises or in any incorporated areas located within 1 mile of the premises pre-register to testify at the hearing. Community members often will sign a filed protest, but then not show up to testify at the hearing. Yet the Office incurs hundreds of dollars in costs, including hiring a court reporter and publishing the hearing notice in 2 newspapers. This causes delay in approving an application and causes the State to incur costs for a hearing it did not need to hold because the application could have been granted on the paperwork. Requiring at least 5 persons to pre-register to testify should help small businesses open more quickly and still preserve a community’s opportunity to address concerns about an application at a hearing. The Office is sensitive to community concerns about license applications and believes that the communities should be able to voice their concerns at a hearing. But the Office also believes that having the option to cancel a hearing, if the persons who file a protest choose not to follow through with the protest, would alleviate unnecessary costs and delays in processing license applications. Section 16 also requires the Office to post the hearing notice on the State Public Meeting Calendar instead of publishing the hearing notice in a newspaper, because hearing notices are already mailed and emailed to individuals who have filed a protest with the Office. Section 18 adds a new license fee under § 554 for the new special event license. Section 18 also adds holders of a beer garden license to the list of licensees required to pay an additional $100 biennial license fee to be deposited in the Overservice Investigation Fund used to implement, administer, and enforce the Delaware Responsible Alcohol Beverage Server Training Program. All other on-premises license types pay the fee and the omission of the beer garden licenses appears to be a statutory oversight. Sections 19 and 21 remove an antiquated provision that permits spouses, brothers, sisters, other family members, and employers to appeal to the Commissioner to investigate, decide, and then prohibit the sale of alcohol to certain people. Section 20 adds requirements for labeling batched cocktails and infused beverages prepared by licensees to § 712, so that customers know the ingredients used in the cocktails and beverages. Section 23 delays implementation of Section 10 and Section 12 of this Act, so that the Office may prepare to implement the new special event license and the new bottle club license. This Act takes effect on the Act’s enactment into law and Section 10 and Section 12 of this Act are to be implemented the earlier of the following: (1) Six months from the date of the Act’s enactment into law. (2) Notice by the Alcoholic Beverage Control Commissioner published in the Register of Regulations that final regulations to implement Section 10 and Section 12 of this Act have been adopted. 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.]]> Tue, 14 Apr 2026 13:03:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142656 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO WORKERS' RIGHTS.

This Act is the first leg of a constitutional amendment that would establish a fundamental right for all employees to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. 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 to amend the Delaware Constitution. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution. ]]> Wed, 25 Mar 2026 17:15:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142684 Delaware House - Out of Committee Legislation DIRECTING THE PUBLIC EDUCATION FUNDING COMMISSION TO SUBMIT A REPORT WITH RECOMMENDATIONS FOR THE EQUITABLE COLLECTION AND DISTRIBUTION OF PROPERTY TAX REVENUE IN DELAWARE.

This Concurrent Resolution directs the Public Education Funding Commission (Commission) to make findings and recommendations to achieve the equitable collection and distribution of property tax revenue to support the needs of public schools, and submit a report with the recommendations no later than January 1, 2026. This Concurrent Resolution provides that the House and Senate Education committees will hold a joint meeting in January 2026 where the Commission will present for discussion the recommendations that are due October 1, 2025, and from this Concurrent Resolution.]]> Wed, 25 Mar 2026 17:15:08 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141915 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR CIVIL CLAIMS BASED ON SEXUAL ABUSE OF A MINOR.

A victim of child sexual abuse that occurred in this State who has been barred from filing suit against the victim’s abuser by virtue of the expiration of a former civil statute of limitations are permitted to file these claims in the Superior Court of this state at any time. This is intended to apply retroactively. ]]> Wed, 25 Mar 2026 16:33:44 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142732 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 4 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HUMAN RESOURCES.

This Act changes the name of the Division of Diversity, Equity, and Inclusion to the Division of People and Culture. Renaming the division from Diversity, Equity, and Inclusion to People and Culture signifies a broader, more comprehensive approach to cultivating an inclusive and engaging workplace. The new designation underscores the focus on the overall employee experience, organizational culture, and people-centered initiatives. This change positions the division as a key contributor to both cultural development and organizational success.]]> Wed, 25 Mar 2026 16:32:34 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142894 Delaware Senate - Out of Committee Legislation EXTENDING THE REPORTING DATE OF THE DRIVING UNDER THE INFLUENCE PREVENTION TASK FORCE

This Joint Resolution extends the reporting date of the Driving Under the Influence Prevention Task Force from January 1, 2026, to January 1, 2027.]]> Wed, 25 Mar 2026 16:32:24 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142891 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.

This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.]]> Wed, 25 Mar 2026 14:51:02 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142950 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

This Act permits employees of, or security personnel working for, a health-care, medical, or dental facility, to take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time, for the purpose of summoning a law-enforcement officer. ]]> Wed, 25 Mar 2026 12:28:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142663 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS

This Act amends the Delaware Equal Accommodations Law to adopt the protections of the federal Rehabilitation Act of 1973’s Section 504 (“Section 504”), and its implementing regulations as those regulations existed on January 1, 2025. This bill will help ensure that Delawareans with disabilities get broad and full protection within Delaware. The bill also adds that references to Section 504 in other parts of Delaware law or regulation will be considered a reference to the Delaware Equal Accommodations Law.]]> Tue, 24 Mar 2026 13:23:49 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142768 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RETENTION OF PERSONNEL RECORDS.

This Act updates the requirements for Department of Education’s regulations for personnel records to include charter schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 18 Mar 2026 17:10:52 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141808 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMY SCHOLARSHIPS.

This Act creates a scholarship for students who have completed a Delaware Teacher Academy and are enrolled in a Delaware Educator Preparation Program. This scholarship supplements the Educator Support Scholarship and is intended to fill a $2500 funding gap for aspiring educators who are in their first year at an Educator Preparation Program. No more than 35 scholarships may be awarded. The scholarship will be expanded based on interest and funding in subsequent school years and will continue as funding is available. ]]> Wed, 18 Mar 2026 16:45:09 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142889 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIABETES WELLNESS PILOT PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO STUDY DIABETIC WELL CARE.

This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down healthcare costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded. This Act requires no fiscal note in that this Pilot Program is to be federally funded through the Federal Rural Health Transformation Program.]]> Wed, 18 Mar 2026 14:46:44 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142599 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFORMATIONAL MATERIALS CONCERNING MENSTRUAL DISORDERS.

This Act requires the Department of Health and Social Services, in conjunction with the Department of Education, to develop or obtain informational materials concerning menstrual disorders to be provided upon request to school districts for purposes of educating students about menstrual disorders and their symptoms, and to ensure at least every 2 years the effectiveness of the information, that the information is up-to-date, and that any electronic links provided to access information and links contained therein are valid. The materials and information must be made available on a website maintained by the Department. Schools must, at a minimum, put posters containing the URL to the website maintained by the Department where the materials and information can be found, and may also distribute materials and information directly or provide students with flyers containing URLs, QR codes, or other links from which the students may access the information.]]> Wed, 18 Mar 2026 14:46:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142449 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex. Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution. Like Senate Substitute No. 1 for Senate Bill No. 100, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 by explicitly connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution on the basis of race, color, national origin, or sex. In addition, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 as follows: • Clarifies that the right to marry applies to marriages that are legally valid under the laws of this State. • Clarifies that treating all legally valid marriages equally means that all laws of this State that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid under the laws of this State. • Removes the need for gender-specific provisions by including gender in the first sentence. • Revises the language clarifying that the right to marry does not infringe on the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution to apply to the entire section and to remove the example. Amending the Delaware Constitution requires not only the passing of the changes in this Act but also passage of the same changes after the next general election by the next General Assembly. 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 to amend the Delaware Constitution.]]> Wed, 11 Mar 2026 17:24:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142878 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 21 AND 29 OF THE DELAWARE CODE RELATING TO A DESIGNATED PARKING SPACE FOR VETERANS AT STATE BUILDINGS.

This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for a veteran at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the veteran’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 11 Mar 2026 17:24:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142877 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 21 AND 29 OF THE DELAWARE CODE RELATING TO A DESIGNATED PARKING SPACE FOR PREGNANT PERSONS AT STATE BUILDINGS.

This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for pregnant persons at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the pregnant person’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 11 Mar 2026 17:24:08 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142714 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION AND CERTIFICATES TO OPERATE.

This Act requires any person or entity seeking to begin the business of using 30 megawatts (MW) of electricity or greater to first obtain a Certificate to Operate (“COP”) from the Public Service Commission. The Act also provides that any person or entity seeking to change an existing facility, that will increase the usage to 30MW or greater, triggers the provisions of this Act and must obtain a Certificate to Operate from the Public Service Commission. Section 203G(a) provides that Section 203G does not apply to public utilities engaged in business in their service territories. Under Section 203G(c), the Commission must act upon a COP application within 90 days of submission of a completed application. For good cause shown, and if the Commission finds that the public interest would be served, the Commission may extend the date of its action on a COP application for an additional period not to exceed 90 days. Section 203G(d) lists the factors that the Commission must consider in determining whether to grant a COP, which include the impact of granting the COP on the State’s economy, the impacts to the State’s ratepayers, and whether the application is consistent with the achievement of the State’s greenhouse gas emissions reductions targets, as specified in § 10003 of Title 7. Section 203G(e) sets forth the circumstances under which the Commission may, for good cause, undertake to suspend or revoke a COP. Section 203G(f) provides that Commission proceedings under the section involving a COP shall be conducted in accordance with subchapter III, Chapter 101 of Title 29. Sections 203G(g) and (f) make provision for the State Energy Office and local governments with land use jurisdiction over the development plan to intervene in the Public Service Commission proceedings. Section 203G(i) requires the written approval of the Commission to transfer a COP. Section 203G(j) provides that the Commission shall have the authority to promulgate regulations to fully define the requirements necessary for the implementation of section 203G.]]> Wed, 11 Mar 2026 17:08:57 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142403 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election. Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party. Members of a political party are not allowed to crossover and vote in another political party's primary election]]> Wed, 11 Mar 2026 16:10:04 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142896 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.

This Act makes it an unlawful practice to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe that person is engaging with an actual human, without notifying the consumer that the consumer is communicating with a computer and not a human being. It provides a private right of action for damages. It provides that a violation is an unlawful practice and prohibited trade practice. It permits the Attorney General to seek injunctive relief and a civil penalty of not more than $5 million dollars for violations. This Act is effective 180 days after its enactment into law. ]]> Tue, 10 Mar 2026 15:42:47 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141739 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

Under current Delaware law, if a labor dispute constitutes a lockout, employees who meet all other eligibility requirements qualify for unemployment benefits from the date they file their claim. However, if a labor dispute does not constitute a lockout, employees do not qualify for (i.e. are disqualified from receiving) unemployment benefits. This Act changes the law to allow an employee who is subject to a labor dispute, other than a lockout, to collect unemployment benefits after a 2-week waiting period, if the employee meets all the eligibility requirements for unemployment benefits, including being able and available for work and completing weekly job requirements. This Act provides that the 2-week waiting period established by this Act is waived if one or both of the following apply: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. The Department of Labor may impose a penalty on an employer who fraudulently certifies the ability of an employee to return to the employee’s prior position on conclusion of the labor dispute. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 10 Mar 2026 15:42:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142907 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CREDIT CARD FEES.

This Act prohibits payment card networks from establishing or charging transaction fees on tips on credit card transactions. Violations are punishable by a penalty of $1,000 per electronic transaction and the wrongful fees must be refunded. ]]> Tue, 10 Mar 2026 15:42:15 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142924 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.

This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.]]> Tue, 10 Mar 2026 12:31:11 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142553 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.

This Act requires a lease to set forth clear procedures for the surrender of rental unit keys at the end of the rental term in residential leases, and provides default procedures for key return when there is no lease provision or other agreement.]]> Tue, 10 Mar 2026 11:18:17 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142621 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WAREHOUSE WORKER PROTECTIONS.

This Act establishes worker protections for employees who work in a warehouse distribution center. This Act requires employers to provide each employee with a written description of any quota the employee may be subject to during their scope of employment. This Act prohibits an employer from requiring an employee to meet a quota that would prevent the employee from being able to have meal and rest periods as required by Department of Labor standards. Adverse action may not be taken against an employee by an employer for failure to meet a quota that does not allow for meal and rest periods. The Act permits an employee to request a written description when they believe a quota prohibited them from receiving appropriate meal or rest periods. Any discriminatory or retaliatory action taken against an employee within 90 days of the employee making a written request or complaint creates a rebuttable presumption of retaliation by the employer. The Act establishes the Secretary of Labor’s authority to enforce and pass regulations to effectuate this Act, including remedies and relief available to the Department of Labor. ]]> Thu, 29 Jan 2026 14:11:25 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142749 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

This Act requires the State to preserve all biological evidence in its custody that is secured in relation to an investigation or prosecution of a crime, for the period of time that the crime remains unsolved or the period of time that a person convicted of the crime remains in custody, regardless of whether the person pleaded guilty. “Biological evidence” in this context includes any item that may contain identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person. The State may destroy evidence that may contain biological material before the expiration of those time periods if all of the following are true: (1) more than 5 years have elapsed since the criminal conviction became final and all appeals are exhausted; (2) the evidence is not in relation to an investigation or prosecution of a Class A to Class E felony; (3) no other provision of federal or state law requires the State to preserve the evidence; (4) the State sends certified delivery of written notice of its intent to destroy the evidence to certain specified recipients, including any person who remains in custody as a result of the criminal conviction, delinquency adjudication, or commitment related to the evidence; and (5) no person who has received such notice, within 180 days of receiving the notice, files a motion for testing of evidence under § 4504 of Title 11 of the Delaware Code or submits a written request for retention of the evidence. In addition, the State is not required to preserve physical evidence that is of a size, bulk, or physical character that makes retention impracticable, but in that case, the State must remove and preserve portions of the evidence that may contain biological evidence related to the offense. If the State is called upon to produce biological evidence that cannot be located and whose preservation was required under the Act, then the court must hold a hearing to determine whether the failure to produce evidence was the result of intentional and willful destruction. If so, the court then must order a postconviction hearing, at which the court will infer that the results of the postconviction DNA testing would have been favorable to the petitioner, and impose other appropriate sanctions and order appropriate remedies. In addition, the Act requires the Delaware Police Accreditation Commission and Division of Forensic Science to study, promulgate, and implement procedures that effectuate the legislative intent of the Act regarding the proper preservation of biological evidence. The Act takes effect 30 days after its enactment into law.]]> Thu, 29 Jan 2026 14:11:04 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142655 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES.

This Act requires regulated utilities to establish a separate rate for large energy-use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. The Public Service Commission will consider the following factors in determining whether to approve a rate application: 1. Whether the rates have the potential to result in increased rates or unwarranted risk to other retail electricity customers. 2. Whether the rates will provide for equitable contributions to grid efficiency, reliability, and resiliency. 3. Whether the rates will impede the utility’s ability to meet renewable energy targets and reduce greenhouse gases consistent with state policy. 4. Whether the rates will allow for procurement of, or contracts for, generation resources that support the electric utility’s ability to meet renewable energy targets and reduce emissions of greenhouse gases consistent with state policy. 5. Meet any other conditions required by the Commission in the public interest. This Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date. ]]> Wed, 28 Jan 2026 18:18:57 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142734 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY COUNCIL.

This Act makes changes to the New Castle County Council. This Act allows the members of the Council to elect a president from among themselves. To do so, this Act increases the number of councilmanic districts from 12 to 13 following the 2030 decennial census, effective with the general election following the redistricting, and removes provisions allowing for the election of a president from the county at-large. This Act also makes changes to the procedures for filling a vacancy on the Council by removing provisions pertaining to holding a special election in the event of a vacancy in the office of the President. This Act gives the Council authority to elect a new president following a special election to fill any vacancy from among its members, and retains the already existing authority to elect a president pro tempore in the event of a vacancy. This Act also makes technical corrections to existing law to conform to the standards of the Legislative Drafting Manual.]]> Wed, 28 Jan 2026 13:32:04 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142437 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN AND THE COUNTY AND MUNICIPAL EMPLOYEES RETIREMENT PLAN.

This Act allows a paid emergency medical technician working for a participating employer to be eligible for the County Municipal Police/Firefighter Pension Plan. It also makes conforming changes to other sections of the Code. In addition, this Act will exclude firefighters and EMTs hired after the effective date of this Act from participating in the County and Municipal Employees’ Fund, in order to ensure the State’s pension plans comply with federal tax and pension law. Going forward, employees who work as paid firefighters, EMTs, or both will be eligible only for the Police/Firefighter Pension Fund. Technical corrections to existing statutory language are also made as follows: (i) to eliminate § 8806 of Title 11, which is duplicative of § 8308 of Title 29 and therefore unnecessary; (ii) to conform the title of § 8814 with its content; (iii) to correctly list the entities which may participate in each plan and the requirements for doing so; (iv) to correct cross-references that are incorrect in the current Code.]]> Wed, 28 Jan 2026 12:27:39 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142810 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S RIGHT TO EARLY LEASE TERMINATION.

This Act is a Substitute for SB 34 and differs from SB 34 in the following ways: • Moves the provision for lease termination to purchase a home from § 5314(b) of Title 25 to a new subsection (c) under §5314 of Title 25. • Does not make technical changes to § 5314(b) of Title 25. • Requires the tenant to give the landlord a signed agreement of sale at the same time the tenant gives the landlord notice of early lease termination to purchase a home. • Changes the notice a tenant is required to give for terminating a lease to purchase a home from 30 days to 60 days. • Clearly states that the lease terminates after the 60-day period. • Allows the landlord and tenant to agree to extend the 60-day period by signing a written agreement. • References that § 5514(c)(3) allows a landlord to deduct reasonable expenses, incurred in rerenting after early lease termination, from the tenant’s security deposit. This Act allows a tenant to terminate a rental agreement early if purchasing a home by providing 60 days' written notice to the landlord, along with a copy of the agreement of sale. The 60-day period begins on the first day of the month after the day the notice is given, but the landlord and tenant may agree to extend the lease termination date past the 60-day period by written agreement signed by the landlord and tenant. This Act also references that a landlord may deducting reasonable expenses incurred in rerenting the premises, up to 1 month’s rent, from the tenant’s security deposit as provided under § 5514(c)(3) of Title 25.]]> Fri, 23 Jan 2026 15:20:16 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142193 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL CRUELTY.

This Bill updates Title 11 of the Delaware Code relating to animal cruelty. After 2 misdemeanor violations of this section, currently class A misdemeanors, all further violations are to be upgraded to class F felonies. Also, after the first felony violation of the statute, currently a class F felony, which involves intentionally killing or causing serious injury to any animal in violation of the statute, all further violations are to be upgraded to class E felonies. Also, any person convicted of a felony violation a second time shall be prohibited from owning or possessing any animal for the remainder of their life without exception.]]> Wed, 21 Jan 2026 17:04:50 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142415 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STALKING.

This Act expands the definition of a “course of conduct” in the stalking statute and also provides that if the court finds as a matter of law that acts subject to this statute are in fact constitutionally protected activities, then all evidence associated with those activities must be excluded. This Act raises stalking under § 1312(c) from a class F to a class D felony. And also raises stalking under § 1312 (b) from a class G to a class E felony. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 21 Jan 2026 16:51:23 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142737 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO SPECIAL ELECTIONS FOR GENERAL ASSEMBLY.

Like House Bill No. 183, House Substitute No. 1 for House Bill No. 183 (Substitute) provides for special primary elections when there are special elections for vacancies in either house of the General Assembly. This Substitute differs from HB 183 because there is only 1 writ of election and this writ includes the dates for both the special primary election and the special general election. Under this Substitute, the procedure for special elections to fill a vacancy in the General Assembly is as follows: • The writ of election (writ) must be issued within 5 days of the creation of the vacancy and must provide the date of the special primary election, the date of the special general election, and the deadlines for candidates to file and withdraw. • The date of the special primary election must be between 35 and 40 days after the date of the writ and the date of the special general election must be between 35 and 40 days after the date of the special primary election. • If the special primary election is not necessary, the State Election Commissioner will provide notice in the same manner as when there is no contest for a regular primary election under § 3105 of Title 15. • Candidates have 5 days to file and must schedule the appointment necessary for a criminal history background check no more than 24 hours after the filing deadline. Like HB 183, this Substitute shortens the time between some steps in the current process. Under this Substitute, the special general election will only be between 35 and 40 days later than when the special election is held under current law. These time periods accommodate 10 days of early voting before the day of each special election and are feasible with current technology and practices. Early voting and absentee voting requirements and procedures remain the same as for regular elections. In addition, this Substitute modifies the procedure for special elections during a year with a general election. These modifications are consistent with current law and are necessary to avoid holding a special election that is too close to either the regular primary or general election to be feasible for the Department of Elections or to avoid holding multiple elections for the same office within a few months. Under this Substitute, in a year with a general election, special elections are modified as follows: • If the vacancy is for an office that is on the general election ballot and the date for the special primary election would otherwise be on or after May 15, special elections are not held and the vacancy is filled by that year’s primary and general elections. May 14 is the last day that there would be time to hold a special general election before the end of the regular legislative session. • If the vacancy occurs in a year with a general election but the vacancy is for an office that is not on the general election ballot, the dates for special elections are modified as follows: 1. If the date of the special primary election would be on or after May 15 and on or before the date of the primary election, the date of the special primary election is the same as the primary election and the date of the special general election is the same as the general election. 2. If the date of the special primary election would be after the date of the primary election, the date of the special primary election is 35 to 40 days after the general election and the special general election is held 35 to 40 days later. This Substitute also differs from HB 183 as follows: • During a year with a general election, May 14 is the last day a special primary election is held before the regular primary if the office being filled is not on the general election ballot. This date is changed from June 30 to be the same as when the office being filled is on the general election ballot. • Changes the deadline for a candidate's criminal history background check appointment from 48 to 24 hours after the filing deadline. • Fills a gap in current law by addressing the nomination of a candidate if no candidates of a party have filed for a legislative district that includes area in 2 counties and 1 of those counties does not have a county committee. • Revises the notice requirements to align with those requirements for regular primary and general elections. • Adds references to the general election laws applicable to special elections under § 7106 of Title 15. • Makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 14 Jan 2026 14:53:23 -0500 153 https://legis.delaware.gov/BillDetail?legislationId=142654 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLICATION OF STATE PUBLIC INTEGRITY COMMISSION REPORTS.

Like House Bill No. 155, this Act ensures that State Public Integrity Commission reports be made available to the public on the Commission's website. House Substitute 1 for HB 155 clarifies that reports filed with the State Public Integrity Commission, as well as those prepared by it, must be published on the Commission’s website. This Act also changes the effective date of the Act to January 1 after its enactment into law.]]> Fri, 27 Jun 2025 14:53:10 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142568 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE FOAM PRODUCTS.

This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale in this State expanded polystyrene foam food service packaging products, most expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, such as packing peanuts. These types of expanded polystyrene foam products 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 food service packaging products, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, this Act helps protect the environment from harmful waste. The Act does allow for certain uses of expanded polystyrene packaging (e.g., trays for raw or butchered meat) when necessary for health and safety reasons. This Act also allows for a temporary waiver of its prohibition on expanded polystyrene foam food packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging if there is not a financially feasible or commercially available alternative for a specific expanded polystyrene foam product prohibited under this Act, and the retail store or wholesaler can show that the ban will cause a significant financial hardship. This Act is a Substitute for Senate Bill No. 130. It differs from Senate Bill No. 130 as follows: 1. Specifies that the prohibition on expanded polystyrene foam products is limited to expanded polystyrene foam food service packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging such as packing peanuts. 2. Clarifies that the prohibition on these products applies only to products sold in Delaware, by Delaware retail stores and wholesalers, and narrows the definitions of retail stores and wholesalers accordingly. This change is being made to alleviate concerns that the Act attempted to regulate expanded polystyrene foam products sales in other states. 3. Explicitly excludes food establishments such as restaurants from the definition of “retail store”, as the use of polystyrene foam food service products in food establishments is already regulated under § 3004Q of Title 16. 4. Removes language that had allowed the Department of Natural Resources and Environmental Control the discretion to create new exemptions. 5. Creates an exemption for expanded polystyrene coolers used to transport or ship live fish or other marine life. 6. Consolidates the waiver provisions into a single provision that allows for a 1-year renewable waiver in cases where compliance with is not a financially feasible and commercially available alternative for a specific expanded polystyrene foam product and the retailer or wholesaler can show that the ban will cause significant financial hardship. This Act takes effect on January 1, 2027. ]]> Thu, 26 Jun 2025 20:10:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142638 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

This Substitute to House Bill No. 111 prohibits food establishments from providing any single-use food service items unless requested by a customer, requires food establishments to provide options to allow the customer to request such items, prohibits food establishments from inquiring into the reason for a request for single-use food service items, and allows food establishments to maintain self-serve stations at which single-use food service items are available. This Substitute sets forth penalties for third and subsequent violations of this Act, not to exceed a cumulative total of $1,500 per year. This Substitute exempts, for purposes of this Act, nonprofit organizations, schools, early childhood centers, health care facilities, facilities operated by the Department of Children, Youth, and Their Families, and Level IV and Level V Department of Correction facilities from the definition of “food establishment.” The penalty provisions of this Act are effective 2 years after enactment. This Substitute includes language to clarify that “single-use food service items” do not include items used to contain or secure food or beverages that are delivered, picked up, or taken to go from a food establishment, such as cups, boxes, sandwich picks, wrappers, and bags. Also for clarity and to address confusion arising out of House Substitute No. 1 to House Bill No. 111, this Substitute does not include an unchanged subsection of existing code that is unaffected by and does not affect the provisions of this Act.]]> Thu, 26 Jun 2025 12:45:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142434 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON ELECTED OFFICIALS RUNNING FOR A DIFFERENT ELECTED POSITION.

This Act is the first leg of a constitutional amendment that requires a person holding elected office to resign from office before being eligible as a candidate for a different elected office. Elected office includes the office of the Governor, the Lieutenant-Governor, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State. The Governor and Lieutenant-Governor, however, are not required to resign from office should they run for a different elected office. 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 to amend the Delaware Constitution. ]]> Wed, 18 Jun 2025 18:00:01 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142413 Delaware House - Out of Committee Legislation REQUESTING THE DEPARTMENT OF EDUCATION TO STUDY AND REPORT TO THE GENERAL ASSEMBLY POSSIBLE CHANGES TO DELAWARE'S STUDENT ASSESSMENT SYSTEM.

This Resolution directs the Department of Education to conduct a comprehensive review of alternative student assessment models, including through-year and growth-based systems, with particular attention to how such systems can better serve students with learning disabilities.]]> Wed, 18 Jun 2025 16:57:33 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142416 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.

This Act amends the Delaware Code to allow for a respondent in a protection from abuse proceeding to consent to the entry of a permanent protection order without the need for the Court to make a finding as to the presence of the aggravating factors of 1045(f) of Title 10. ]]> Wed, 18 Jun 2025 16:32:06 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142264 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO EARNED WAGE ACCESS SERVICES PROVIDERS.

Earned Wage Access (EWA) is a Fintech product that allows workers to voluntarily access the money they have already earned during a pay-period for work they have already completed, ahead of their scheduled payday. Users primarily access EWA services through a mobile app and are only able to withdraw wages their EWA provider has verified that they have already earned. This verification process, coupled with the fact that EWA transactions are non-recourse and credit-invisible make the product distinct from loans and credit cards. As an innovative financial product with distinct characteristics that do not fit within existing regulations, EWA requires a distinct regulatory framework. Currently, more than 100,000 workers in Delaware have already used Earned Wage Access services, which are mostly unregulated in the state. This bill helps ensure that responsible EWA providers can operate under the supervision of Delaware’s banking regulator and continue to serve users in the state of Delaware. Moreover, this bill codifies a regulatory framework that recognizes the distinct characteristics of EWA products and will keep Delawareans protected from bad actors who might seek to use the “Earned Wage Access” moniker, while instead offering a predatory product. Specifically, this bill protects consumers in Delaware by creating a new Earned Wage Access provider license, issued by the Office of the State Bank Commissioner to companies whose products meet the following criteria, ensuring that: • All users have at least one reasonable no-cost option for each transaction • All fees and gratuities are clearly and transparently represented to users before they confirm their transactions • EWA transactions are credit-invisible, that providers do not check a user’s credit before issuing EWA services, nor do they report to a credit agency if a user cancels their service • EWA providers do not pursue recourse against users including charging interest, late fees, or sending unresolved EWA transactions to collections ]]> Wed, 18 Jun 2025 16:12:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142556 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

HB181 removed penalties for all violations of the Family and Medical Leave Insurance Program until January 29, 2029. The substitute revised this timeline to two years for some violations, making them effective January 1, 2027, and maintains violations for § 3707 of the act-leave and employment protection and § 3708 of the act-retaliatory personnel actions prohibited. For those employers who do not remit contribution collected from employees, as the Family and Medical Leave Insurance Program allows, this will be a violation considered wage theft under 19 Del. C §1102A(a)(3). ]]> Tue, 17 Jun 2025 16:36:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142424 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 REGARDING CIVIL PENALTIES FOR SPEEDING.

This Act allows an additional assessment to be assessed for a speeding violation, proven through information captured on an electronic speed monitoring system, that exists in § 4101(j) of Title 11. This assessment was previously not permitted to be assessed unless the speeding occurred in a work zone. The assessment is $10 and is paid to the Volunteer Ambulance Company Fund. It also makes technical corrections to conform to the requirements of the Delaware Legislative Drafting Manual.]]> Tue, 17 Jun 2025 13:02:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142068 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO RESPIRATORY CARE PRACTITIONERS.

This Act updates the Respiratory Care Advisory Council to the Board of Medical Licensure and Discipline’s enabling act to allow qualified licensed respiratory therapists to perform all duties associated with extracorporeal life support. Under the current law, respiratory therapists are authorized to assist with such support but may not administer medication during the process. As a result, a therapist is required to wait for another licensed professional to do so, resulting in delays to patient care. This bill eliminates this delay in patient care and allows qualified respiratory therapists to work within the full scope of their training. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 17 Jun 2025 11:20:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142396 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EXTRA DUTY SERVICES BY LAW ENFORCEMENT OFFICERS.

This Act is intended to assist homeowners associations with the troubling, challenging public-safety issue of speeding on subdivision streets. This Act provides that any fines for violations of any provision under Title 21 of the Delaware Code, if the fine was issued by an off-duty law enforcement officer acting in an “extra duty” capacity, shall be applied to offset or refund any amounts owed or paid for the law enforcement officer’s extra duty services. “Extra duty,” in this context, means a law enforcement service performed by an off-duty law enforcement officer hired and paid for by a private person or entity. “Extra duty” services include traffic control, patrolling a specific location, and providing security. The purpose of this Act is to allow private persons and entities, such as homeowners associations, to recoup the costs of hiring law enforcement officers for extra duty services.]]> Wed, 11 Jun 2025 17:03:45 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142104 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURAL LEASES OF STATE-OWNED LAND.

This Act requires the State and any political subdivision of the State to notify the Farm Bureau when State-owned land is listed for bidding for agricultural use. This requirement applies to land that is at least 10 acres in size and is used or intended to be used for agricultural use. The requirement to notify the Farm Bureau is in addition to, and not in lieu of, any other notice required by law.]]> Wed, 11 Jun 2025 16:04:16 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142024 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.

This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General. ]]> Wed, 11 Jun 2025 13:29:51 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141891 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF INDIVIDUALS CHARGED WITH CRIMES OR DELINQUENCY.

This Act extends certain limitations on the publication by law-enforcement of the name and photograph of crime suspects. Currently the Code prohibits the publication of the name and photograph of a juvenile suspect unless the juvenile is charged with a violent felony and the publication is necessary to protect the public’s safety. This Act would prohibit the release or publication of an adult suspect’s name or photograph unless the individual is charged with or suspected of a felony and the release is necessary to protect the public’s safety.]]> Wed, 11 Jun 2025 13:29:44 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142414 Delaware House - Out of Committee Legislation AN ACT AMENDING TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC STOPS.

This Act requires officers to enter the primary reason for a traffic stop into DELJIS at the time of the stop. The Statistical Analysis Center will have access to the data for the purpose of analyzing traffic stop practices. ]]> Tue, 10 Jun 2025 19:11:23 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142224 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent removal of the right to vote. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (4) Defines terms related to imprisonment and community supervision. (5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). Section 2 of this Act removes the suspension of the right to vote as a punishment for violation of certain election offenses. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. 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 to amend the Delaware Constitution.]]> Wed, 21 May 2025 18:06:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142324 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO PAYMENTS IN LIEU OF TAXES FOR LOW-INCOME HOUSING TAX CREDIT PROPERTIES.

This Act creates a uniform framework under which a county or municipality may enact an ordinance that exempts Low-Income Housing Tax Credit (LIHTC) properties from property taxes and instead, require that a LIHTC property make an annual payment in lieu of taxes equal to 5% of the LIHTC’s annual net income as reported to the Delaware State Housing Authority (DSHA). Under this Act, a LIHTC property that is exempt from property taxes is also exempt from taxation by school districts. Allowing LIHTC properties to make a payment in lieu of taxes, acknowledges the public benefit of the affordable housing provided by LIHTC properties. The Internal Revenue Service LIHTC was created in 1986 by the federal government to encourage a private/public investment to preserve and construct new affordable rental housing. Alone and in combination with tax exempt private activity bonds, the LIHTC has been the most productive source of affordable housing financing in the nation’s history. DSHA receives an annual tax credit amount and awards credits annually through a competitive process. The awards are based on criteria outlined in DSHA’s Qualified Allocation Plan. The equity raised through the tax credit investment makes it possible for developers to attract the financing needed to create or restore low-income rental housing. A LIHTC project must comply with a number of requirements including the timeframe from the award to when the building is placed in service, tenant income restrictions, maximum rent levels, and percentage of low-income occupancy. All buildings financed with the LIHTC are subject to a land use covenant to enforce program compliance for the entirety of the affordability period.]]> Wed, 21 May 2025 16:42:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142292 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REQUIREMENT FOR THE DEPARTMENT OF EDUCATION TO PROVIDE INFORMATION ON TYPE 1 DIABETES.

This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each school district shall make the informational materials available to the parents or guardians of students enrolled in their districts.]]> Wed, 21 May 2025 16:40:26 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142070 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY DEATH BENEFITS.

This bill expands line-of-duty benefits to cover previously covered persons, such as retirees, whose death is the proximate result of actions by a person seeking retaliation against the previously covered person for performing the duties of their former office or position.]]> Tue, 20 May 2025 15:33:30 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142317 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.

This bill denies the state’s contribution to an individual’s pension if they were employed by the Department of Education of various school systems if they are convicted of various crimes against children. The acts must be in connection with the individual’s employment. Survivors of the individual shall still be entitled to survivor benefits.]]> Tue, 20 May 2025 12:35:15 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141748 Delaware Senate - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO REDISTRICTING.

This Act is the first leg of a constitutional amendment to create an independent redistricting commission to redistrict Senatorial and Representative districts following each federal decennial census. The purpose of this Act is to establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in this State. To achieve this purpose, this Act establishes the Independent Redistricting Commission (“Commission”). The Commission is responsible for drawing the boundaries of Delaware's Representative and Senatorial districts every 10 years, following each decennial census. The process begins with the selection of a pool of 24 potential Commission members by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool must include 8 candidates from each of the State’s two largest political parties and 8 candidates that are not a member of either of the State’s two largest parties. Before the selection of Commission members from the pool of 24 potential Commission members, the following individuals each have the opportunity to strike one candidate from the pool: the Speaker of the House of Representatives, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Commissioner of Elections will draw by lot until the following conditions are satisfied: (1) The Commission has 5 members, with 1 member from each county, plus 1 member from the City of Wilmington, plus 1 member from anywhere in this State. (2) Two members of the Commission are members of the State’s largest political party, 2 members of the Commission are members of the State’s second largest political party, and 1 member of the Commission who is not a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the 5 years before appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting and from registering as a federal or state lobbyist for 5 years following the term as a Commissioner. Once established, the Commission must prepare a preliminary redistricting plan and report for public distribution, and 4 public hearings must be held before a final redistricting plan and report is approved by the Commission. The Commission is to be guided in this task by standards and criteria established in this Act, including that the redistricting plan provide effective representation for all residents of this State, including racial, ethnic, and language minorities, and meeting the following criteria: (1) The districts are to be formed of contiguous territory. (2) The districts are to be nearly equal in population, with no more than 5% population deviation between districts. (3) The districts are to be bounded by major roads and streams or other natural boundaries. (4) The districts are to be created so as to not unduly favor any person or political party. (5) The districts are to comply with all standards mandated by federal law, including the federal Voting Rights Act, 42 U.S.C. §§ 1971 et. seq., or any successor law. (6) The districts are to comply with the criteria for counting incarcerated individuals for redistricting purposes, as established by an act of the General Assembly. (7) The districts are to be created to consider and preserve communities of interest. The Commission is to be advised in its efforts by 4 advisory committees, one for each county and one for the City of Wilmington. Each advisory committee is to consist of 12 members appointed by the Commission. The members must be diverse in terms of race, ethnicity, gender, and geographic location, and, to ensure that an advisory committee makes well-informed recommendations, expert members in the fields of election law, redistricting, demographics, political science, community organizing, and data visualization must be appointed through a transparent and inclusive process. For the Commission’s final redistricting plan and report to become law, the plan and report must pass both Houses of the General Assembly with the concurrence of a majority of all members elected to each House, but not presented to the Governor for action. If the General Assembly fails to pass the Commission’s final plan and report or revised final plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. If the Commission fails to adopt a preliminary, final, or revised final redistricting plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. The Supreme Court has original and exclusive jurisdiction to resolve challenges to the final redistricting plan and report enacted by the General Assembly or itself. If a redistricting plan and report adopted by the General Assembly is adjudicated unconstitutional or in violation of the law of this State or federal law, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. 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 to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. ]]> Wed, 14 May 2025 16:22:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141895 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION AND ARRESTS.

Under this Act a law-enforcement officer of this State is not allowed to do any of the following: (1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law. (2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number. (3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers. ]]> Wed, 14 May 2025 15:29:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141797 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO AUTONOMOUS VEHICLES.

This Act prohibits any autonomous vehicle that requires a Class A commercial driver license without an O restriction from being operated on a Delaware highway for testing purposes, transporting goods, or transporting passengers without a human safety operator being physically present within the autonomous vehicle. A two-thirds vote requirement is required under Section 28 of Article IV of the Delaware Constitution. ]]> Wed, 14 May 2025 11:26:17 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141892 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MIGRANT EDUCATION.

This Act requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. The program must provide the same services that were provided or were required to be provided under the Elementary and Secondary Education Act on January 19, 2025. If federal funding is insufficient to meet the needs of migratory education, the Delaware Department of Education must identify, transfer, or request the appropriation of supplemental funding from the State or other sources to ensure no interruption in services.]]> Wed, 07 May 2025 17:05:01 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142180 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

In Cornette v. State, 2024 Del. Super. Lexis 455 (June 11, 2024), the Superior Court denied a discretionary expungement because the applicant’s case included a Title 21 conviction. The Court held: “Pursuant to 11 Del. C. § 4372, in order for the Court to grant expungement the entire case must be eligible for expungement. This means that all charges within one case must be expungable. The Court will not split convictions and expunge a conviction in one case where the other charges within the same case are not expungable.” This Act makes all of the following clear: (1) The General Assembly’s intent in enacting some of the recent changes to Delaware’s expungement laws was to make clear that Title 21 offenses do not operate as a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the Title 21 offenses are combined in the same case with other offenses that are eligible for expungement. (2) A civil violation is not a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the civil violation is combined in the same case with other offenses that are eligible for expungement. (3) The definition of “case” does not include a Title 21 offense, or an equivalent offense, or a civil violation that is or could be joined for prosecution with another charge or set of charges related to a complaint or incident. Therefore, a court or the State Bureau of Identification may not deny a request for a discretionary or mandatory expungement under this subchapter because the set of charges for which the discretionary or mandatory expungement is sought includes a conviction of a Title 21 offense, or an equivalent offense, or a finding of, or agreement to, responsibility for a civil violation. (4) Driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death are not eligible for discretionary expungement as they are not reported on certified criminal histories. (5) References to Title 21 offenses include an offense under any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any offense under Title 21 of the Delaware Code.]]> Wed, 07 May 2025 16:35:56 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142043 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO HOUSING.

Accessory dwelling units (ADUs), also known as in-law units or garage apartments, are valuable and convenient forms of housing that can help to increase Delaware’s housing supply. In order to expand affordable housing opportunities, this Act requires local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements. This Act carries a 2/3 vote requirement as it may indirectly affect municipal charters. ]]> Wed, 07 May 2025 16:35:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141711 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR RELATING TO NOMINATIONS AND ELECTIONS AND THE POWER TO BORROW MONEY AND ISSUE BONDS.

This Bill amends the Charter of the Town of Delmar in multiple respects. In Section 7 of the Charter, which involves Nominations and Elections, every person over the age of 18 years who has resided in the town for 30 days prior to the election will be permitted to vote in the election, as opposed to the previous six-month residency requirement. The Town of Delmar will also adopt the State's Voter Registration System as the source of its list of registered voters but reserves the right to deny any names from the list of voters who have moved from the Town, no longer own property within the Town, or are otherwise disqualified from voting. Section 24 of the Charter is also amended to raise the permissible bond amount to be authorized via resolution by Town Council from one million to 10 million dollars.]]> Wed, 07 May 2025 16:33:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142019 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF STUDENT RECORDS.

This Act prohibits the DOE, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the DE AG. ]]> Wed, 09 Apr 2025 18:23:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141980 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of a constitutional amendment to allow the General Assembly to enact laws for the registration of voters without restrictions on the time period in which registration must be closed prior to an election. It also requires the General Assembly to provide by law for means to ensure the accuracy and integrity of voter registration. This Act is in response to the Supreme Court’s decision in Albence v. Higgin, 2022 Del. LEXIS 377 (Del. 2022) which found a same-day registration statute to be “incompatible with Section 4 [of Article V of the Constitution]’s registration deadline and its relationship to the appeal and correction process.” Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. 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 to amend the Delaware Constitution.]]> Wed, 09 Apr 2025 16:17:09 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141897 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DIVISION OF MOTOR VEHICLES DATA PRIVACY.

This Act limits circumstances in which personal identifiable information about applicants or holders of driving privilege cards may be released to those instances where the Delaware Attorney General gives specific approval or where the request for information is in a valid court order. It also amends existing provisions relating to disclosure of driver and motor vehicle information to limit the disclosure or re-disclosure of citizenship or immigration status information and related sensitive personal information. Such information may be released pursuant to a court order, with the approval of the Delaware Attorney General, for voter registration purposes, and where otherwise explicitly authorized by statute.]]> Wed, 09 Apr 2025 14:42:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141953 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO RECORDINGS OF MEETINGS OF PUBLIC BODIES.

This Act requires that under the Freedom of Information Act (FOIA), Chapter 100 of Title 29, public bodies must make digital recordings of meetings, post these recordings on their website within 7 business days after the meeting concludes, and keep the recording on the website for at least 1 year. If the meeting has an executive session, the executive session portion of the recording may be withheld from the digital recording posted on the website. The digital recording may be audio only and a technological failure that prevents or limits the digital recording of a meeting does not invalidate the meeting or an action taken at the meeting. This Act also makes corresponding changes to existing laws that require school district boards, boards of charter schools, the State Board of Education, and the full Board of Trustees of public institutions of higher learning to make and post digital recordings of board meetings. In addition, because school district boards, boards of charter schools, and the State Board of Education are subject to the meeting requirements under FOIA and specific meeting requirements scattered throughout Title 14, this Act clarifies that when there is a difference between requirements under Title 14 and requirements under FOIA, the requirements under Title 14 apply. Specifically: Section 1 adds the digital recording requirements and exceptions for meetings of public bodies to FOIA as § 10004(f)(5) of Title 29. Section 2 requires that the digital recording of a meeting of the full Board of Trustees of public institutions of higher learning be posted on a public website within 7 days business days of the meeting, instead of “within a reasonable time”. Section 3 revises the digital recording requirement for State Board of Education meetings to require that recordings remain on the website for at least a year and adds a reference to § 10004(f)(5) of Title 29 so that recordings of executive sessions are now required but that portion may be withheld from the recording posted on the website. Section 3 also removes the exception that does not require digital recordings of committee meetings because under FOIA, committee meetings are subject to the same open meeting requirements as a meeting of the full State Board of Education. Section 4 adds references to § 10004(f)(5) of Title 29 to the current recording requirements for meetings of boards of education of public school districts, vocational-technical high school districts, and boards of directors of charter schools. Section 5 and Section 8 clarify that if there is a conflict between a requirement under FOIA and a requirement under Title 14, the requirements under Title 14 apply to a board of a charter school (Section 5) or a board of a school district (Section 8). This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the following: Section 5 and Section 6 consolidate the definitions in Chapter 5 of Title 14 by transferring them to § 503(a) of Title 14. Section 7 repeals unnecessarily repetitive language from the definitions in § 1041 of Title 14. 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 charter issued to a municipal corporation.]]> Wed, 26 Mar 2025 17:54:02 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141814 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT OF INDIVIDUAL PRIVACY.

This Act is the first leg of an amendment to the Delaware Constitution to make clear that the right of individual privacy is essential to the well-being of a free society and may not be infringed without a showing of a compelling state interest. The U.S. Supreme Court has long interpreted the Fourteenth Amendment’s prohibition against the State depriving a person of life, liberty, or property without due process of law to prevent arbitrary or unreasonable action by the State. Specifically, in 1923, the Court, in Meyer v. Nebraska, 262 U.S. 390 stated: “While this Court has not attempted to define with exactness [of] the liberty thus guaranteed [under the Fourteenth Amendment], the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” In the 1965 decision in Griswold v. Connecticut, 381 U.S. 479, the U.S. Supreme Court found that a law making the use of contraceptives a criminal offense violated the right to privacy. The Court held that within the Bill of Rights, “Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the ‘right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: ‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.’" More recently, in Lawrence v. Texas, 539 U.S. 558 (2003), the Court stated that “our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” In explaining the respect the Constitution demands for the autonomy of the person in making these choices, the Lawrence Court noted that the Court previous held that “[t]hese matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” In reaching its ruling, the Lawrence Court held that the petitioners were “entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. ‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.’” The General Assembly proposes the enactment of this constitutional amendment guaranteeing a right of individual privacy to secure for Delawareans the rights the U.S. Supreme Court has previously found emanate from the federal constitution in the face of concerns regarding the continued effect of these U.S. Supreme Court precedents. Amending the Delaware Constitution requires not only the passing of the changes in this Act but also passage of the same changes after the next general election by the next General Assembly. 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 to amend the Delaware Constitution.]]> Wed, 19 Mar 2025 16:25:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141796 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO INSURANCE FRAUD.

This bill adds a new crime of application insurance fraud under the criminal code to include fraudulent statements submitted in support of an application to obtain or renew insurance or made for purposes of obtaining a commission or other payment from an insurer. This bill makes application-related insurance fraud a class A misdemeanor unless the benefits wrongfully obtained or sought to be obtained is at least $1,000, in which case application insurance fraud is a class G felony.]]> Wed, 19 Mar 2025 16:04:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141768 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS.

This Act limits the ability to set professional standards and licensing requirements for plumbing or HVACR licensees to the Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners. This Act requires a 2/3 vote requirement because it indirectly impacts a municipal charter.]]> Tue, 18 Mar 2025 15:23:52 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141875 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO SALES OF FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION.

This Act requires payment card networks to make available to merchant acquirers the merchant category code for firearms and ammunition businesses that was established by the International Organization for Standardization on September 22, 2022 by July 1, 2025, and for merchant acquirers to assign the MCC for firearms and ammunition businesses to firearms merchants beginning October 1, 2025. This Act also authorizes the Department of Justice to bring civil actions against individuals or entities who violate the provisions of this Act, and requires that such violators pay a civil fine of $10,000 for each violation, in addition to attorneys’ fees and costs in investigating and bringing the action. A court may also impose injunctive relief to prevent future violations.]]> Wed, 12 Mar 2025 13:18:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141736 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO VETERANS' BENEFITS AND TRADE PRACTICES.

This act regulates persons who receive compensation for advising or assisting with veterans' benefits earned by serving our nation in the military. This bill would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies. Investment, insurance, banking, and other advice or services not provided by the V.A., or its accredited agencies may be obtained by veterans and fees charged for such services.]]> Tue, 11 Mar 2025 13:31:13 -0400 153