http://www.legis.delaware.gov/ Legislation Out of Comittee with the State of Delaware en-us Thu, 26 Mar 2026 18:13:41 -0400 https://legis.delaware.gov/BillDetail?legislationId=143023 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

This Act strengthens procedural protections for pharmacies, pharmacists, and consumers related to regulation of a pharmacy benefits manager by doing all of the following: Adds definitions for the terms “chronic or long-term condition”, “net amount”, “purchaser”, “recoupment”, “similarly situated contracted pharmacy”, and “wholesale invoice audit.” Applies audit notice requirements uniformly and ensures access to an appropriate point of contact. Requires a pharmacy benefits manager to provide a list of records that the auditing entity seeks to audit at least 5 business days before an audit. Limits activities to once every 12 months and sets standards for wholesale invoice audits. Ensures audit costs are borne solely by the pharmacy benefits manager. Clarifies that a pharmacy can appeal the amount of any reimbursement and that a contracted pharmacy’s representative can take actions and receive notices related to appeals on behalf of a pharmacy. Extends pharmacies’ ability to appeal from 10 days to 40 days to account for entities that complete retroactive billing. When an appeal is denied, requires the parties to provide a detailed reason for the denial and specific information about how the pharmacy can appeal the denial to the Department of Insurance. Prohibits retaliation by a pharmacy benefits manager when a pharmacist or pharmacy discloses information to a government agency or during a proceeding if the person who disclosed the information had reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law. Requires that a pharmacy benefits manager must provide at least 60 days’ notice before amending a contract with a pharmacy or pharmacist. Clarifies that the prohibition against spread pricing applies to all purchasers contracting with pharmacy benefits managers. Changes the reporting requirements for rebates so that pharmacy benefits managers must file the required reports annually instead of quarterly. This change will reduce the amount of incorrect or unclear reporting because rebates are aggregated and reported at the end of the period of time under each contract. Amends national drug acquisition cost compliance to refer to the date of service. Prohibits pharmacy benefit managers from unit-of-use requirements inconsistent with smallest package size availability and manufacturer recommendations. Requires that pharmacy benefit managers may not require pharmacies to dispense therapeutically equivalent or alternative drugs that cost the enrollee more out of pocket than the prescribed drug except for medical reasons. Ensures that enrollee-identifiable or prescriber-identifiable information is not transferred to or shared with affiliated pharmacies for any commercial purpose other than those defined. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Thu, 21 May 2026 14:04:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143041 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO VIRTUAL MEETINGS.

This Act permits a staff member for the public body to be present at an anchor location in lieu of a member of the public body.]]> Thu, 21 May 2026 14:04:29 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143322 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATED TO UTILITY BILLING.

Net crediting is the preferred utility consolidated billing methodology for Delmarva Power and Light as it has already been successfully implemented in Atlantic City Electric, Pepco Maryland, and Delmarva Maryland jurisdictions. Net crediting delivers a simpler, more transparent experience for both subscribers and subscription coordinators by netting subscription charges from monthly credits on behalf of the subscribers, who receive the net credit. Then, the utility aggregates those subscription charges on behalf of the subscription coordinators, who receive a payment from Delmarva. Net crediting marries the concept of world class customer experience with market scalability, while also being the lowest risk option for Delmarva's customers.]]> Thu, 21 May 2026 14:04:17 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143295 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act discontinues the Delaware State Education Association centennial limited edition special license plate and replaces it with an updated special license plate of the Delaware State Education Association. A special license plate supports a cause and is available for purchase by the public at large, including by members the beneficiary organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under § 2140G of Title 21; Delaware State Education Association centennial special license plates that are otherwise valid remain valid. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.]]> Thu, 21 May 2026 14:04:05 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143034 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE POWER TO BORROW MONEY AND ISSUE BONDS.

This Act amends the Charter of the Town of Laurel by authorizing the Town to borrow money from any federal, state, local government, or quasi-government funding source provided such funding: (i) bears no interest on the principal, (ii) requires no principal payments by the Town, and (iii) provides for complete forgiveness (100%) of the principal. ]]> Thu, 21 May 2026 14:03:52 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143381 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 class 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. Wherever possible, the costs of large energy use facilities should be directly assigned to those facilities, and where direct assignment is not possible, the costs should be allocated to the class of large energy use facilities and not to other customer classes. To accomplish this, the Act sets forth minimum requirements for Electric Service Agreements (ESAs) and Transmission Security Agreement (TSAs) to be in place for any large energy use facility. The Commission shall promulgate regulations to implement these agreements. ESAs shall be reviewed and approved by the Commission prior to the interconnection of a large energy use facility and provide a regulatory framework to enable responsible developers of large energy use facilities to enter into agreements to fairly allocate costs among customer classes. The Public Service Commission will consider several factors in determining whether to approve an ESA, including consistency with the Commission’s regulations; whether the ESA and tariff ensure that all costs attributable to the large energy use facility are assigned to the class of large energy use facilities; whether other customers are adequately protected from the risk of paying stranded asset costs; the impact of the large energy use facility on delivering safe, adequate, and reliability electricity; the impact on the State, including the economy, other ratepayers, and environmental impacts; and the viability of the developer of the facility. In combination, the ESAs and the large load tariff shall ensure that, wherever possible, distribution infrastructure investment costs, capacity procurement costs, reliability backstop procurement costs, transmission infrastructure costs, and study costs attributable to a large energy use facility are all directly assigned to that large energy use facility. Where direct assignment is not possible, these costs should be allocated to the class of large energy use customers. The Commission shall develop an “incremental cost test” to measure the revenues and costs from a large energy use facility to ensure that there are not cost shifts to other customers. The Act further establishes interruptability requirements for large energy use facilities to ensure other customers are protected from reliability impacts caused by large energy use facilities. Facilities that construct or cause to be constructed new in state generation may exempt themselves from interruptability. Finally, the Act requires large energy use facilities to contribute to the low income fund and green energy fund at higher rates than other customers and requires large energy use facilities to contribute to renewable portfolio standard costs and qualified fuel cell provider costs. The 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. ]]> Thu, 21 May 2026 13:03:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143379 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO HUNTING, TRAPPING, GAME ANIMALS, GAME BIRDS, DEER, AND PROTECTED WILDLIFE.

This Substitute is different from the original bill in that it adds the activities of fishing, crabbing and clamming as requiring a license consistent with line 18 already in the code. The substitute also clarifies in section 2 that dogs may be used for tracking or recovering a wounded or dead deer that was lawfully shot during open deer season. Section 1 of this Act closes a loophole that allows hunters and trappers who are exempt from obtaining a Delaware hunting or trapping license to avoid completing a Department-approved hunting or trapping education program. Although many exempt hunters and trappers already complete these programs, this legislation codifies the requirement. This Act also updates and clarifies the statutory language governing administration of drugs to wildlife. Section 2 of this Act adds language to expressly permit the sale of taxidermy and antlers from lawfully taken deer. This Act also makes technical corrections to conform with the Delaware Legislative Drafting Manual. ]]> Thu, 21 May 2026 13:03:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143062 Delaware House - 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, 20 May 2026 17:56:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142866 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO CLASSES OF PILOTS' LICENSES.

This Act amends Title 23 of the Delaware Code to increase the maximum draft limit applicable to sixth class pilots from 27 feet to 29 feet, enabling the safe pilotage of deeper-draft vessels and aligning pilotage standards with modern shipping practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 May 2026 17:56:23 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143185 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OPEN-END CONTRACTING FOR HIGHWAY CONSTRUCTION AND RECONSTRUCTION.

This Act amends the Delaware Code to allow open-end contracts for highway construction or reconstruction for up to five (5) years. This Act is intended to conform Delaware’s procurement statutes to the time limits permitted for contracts by the Federal Highway Administration (FHWA) and still ensure that adequate security is maintained to cover all bids and ongoing work. ]]> Wed, 20 May 2026 17:56:10 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143311 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEFERRED COMPENSATION.

This Act establishes an automatic enrollment feature for newly hired state employees in the State’s 457(b) deferred compensation retirement plan. The Board may, through a plan amendment, modify the definition of a covered employee. Under the Act, a predetermined percentage of an employee’s salary will be automatically deducted from each paycheck and contributed to the 457(b) plan upon hire. This Act allows new employees to opt out at any time prior to the commencement of automatic withdrawals, which normally commences 90 days after hire. If an employee does not opt out of automatic enrollment during this 90-day period, the employee will be enrolled and contributions will commence. The employee will thereafter have an additional 30 days to opt out and request a refund of any contributions. Refund requests must be submitted no later than 120 days after the date of hire. Employees under a collective bargaining agreement are not subjected to auto-enrollment but are able to participate if should they elect to do so. This Act takes effect 10 days after the date of publication in the Register of Regulations of a notice from the State Treasurer that the Office of Management and Budget has certified to the State Treasurer that necessary payroll upgrades necessary to implement this Act have been completed. ]]> Wed, 20 May 2026 17:55:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142884 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE VICTIMS COMPENSATION ASSISTANCE PROGRAM.

This Act adds any act that contains the characteristics of a hate crime to the definitions of crimes for the purposes of the Victims Compensation Assistance Program.]]> Wed, 20 May 2026 16:10:19 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142906 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 AND TITLE 25 OF THE DELAWARE CODE RELATING TO A RESIDENTIAL LANDLORD TENANT GUIDE.

This Act establishes the Rights and Responsibilities Guide for Landlords and Tenants Committee (“Committee”) within the Delaware Real Estate Commission (“Commission”). The Commission is tasked with drafting, maintaining, and distributing a comprehensive, statewide rights & responsibilities guide (“guide”) for landlords and tenants with support from the Committee. This guide will reference responsibilities that a tenant or landlord must follow, including federal, state, county, and municipal requirements. This Act also requires a landlord or real estate service provider to provide the guide to prospective tenants entering a landlord-tenant relationship governed under Part III of Title 25. The guide must also be provided at each time a rental agreement is renewed if the renewal is for a term of 1 or more years. The guide may be provided in electronic or paper format. The guide is deemed a statutorily required form under 24 Del. C. § 2912. Real estate service providers may be subject to discipline for misrepresenting the availability or content of the required form. Additionally, failure to provide the guide when required is deemed an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II of Chapter 25 of Title 6. Section 4 of this Act requires the Commission to provide a report to the General Assembly with findings about what disclosures or documents are required to be made to tenants independent of the guide and whether the Commission recommends other law be changed to incorporate those disclosures and documents into the guide. This Act is effective upon enactment into law and, except for the penalty provisions, is to be implemented the earlier of the following: (1) One year from the date of the Act’s enactment. (2) Notice by the Director of the Division of Professional Regulation published in the Register of Regulations that both of the following have occurred: a. The report required under Section 4 of this Act has been provided to the General Assembly. b. The guide this Act creates has been published by the Delaware Real Estate Commission. Penalty provisions are to be implemented 180 days after the remainder of the Act is implemented. If this Act is implemented before the report under Section 4 of this Act is provided to the General Assembly, the report must be provided to the General Assembly within 180 days after the Act is implemented.]]> Wed, 20 May 2026 16:10:08 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142553 Delaware Senate - 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.]]> Wed, 20 May 2026 16:09:57 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143298 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR DIAGNOSTIC SERVICES AND TREATMENT FOR MENOPAUSE, PERIMENOPAUSE, AND MENOPAUSE AND PERIMENOPAUSE SYMPTOMS.

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 diagnostic services and treatment for menopause, perimenopause, and symptoms of menopause or perimenopause, including all of the following: 1. Consultation and diagnostic testing. 2. Hormonal therapies, including hormone replacement therapy and bioidentical hormone treatments, that are approved by the United States Food and Drug Administration. 3. Non-hormonal treatments, including selective serotonin reuptake inhibitors, serotonin-norepinephrine reuptake inhibitors, neurokinin B antagonists, and other medications to manage menopause symptoms. 4. All drugs, devices, and combination products approved by the United States Food and Drug Administration for the treatment of menopause and perimenopause symptoms. 5. Therapy to treat menopause induced by a hysterectomy. 6. Behavioral health care services. 7. Pelvic floor physical therapy. 8. Bone health treatments due to hormonal changes related to menopause and perimenopause, including screenings and medications. 9. Preventative services for early detection and treatment of health conditions related to menopause and perimenopause, including osteoporosis and cancer. 10. Counseling and education regarding menopause management. Additionally, an insurer or carrier must provide clear and accessible information about covered menopause and perimenopause diagnostic services and treatment to each covered individual or Medicaid recipient. Menopause and perimenopause diagnostic and treatment benefits or assistance must be provided to the same extent as benefits or assistance for other medical conditions, but coverage for medically necessary hormone replacement therapy provided under this Act may not be any of the following, except as otherwise provided by federal Medicaid law: 1. Denied or limited, if the use of the hormone replacement therapy is supported by national clinical guidelines, national standards of care, or peer-reviewed medical literature for the treatment of menopause, perimenopause, or menopause and perimenopause symptoms. 2. Subject to prior authorization or step therapy requirements. The Act provides a religious exemtion for group and blanket health policies. If the coverage requirement conflicts with a religious employer’s bona fide religious beliefs or practices, the religious employer may request a coverage exclusion for the coverage required under Section 2 of this Act and an insurer shall grant the exclusion. A religious employer who is granted an exclusion must give its employees reasonable and timely notice of the exclusion. This Act applies to all policies, contracts, or certificates that are issued, renewed, modified, altered, amended, or reissued after December 31, 2027.]]> Wed, 20 May 2026 16:09:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143324 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION.

This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter. The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following: (1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license. (2) Fails to meet the requirements of this subchapter or any applicable regulation. (3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following: a. An application for a license or a license renewal. b. Any data or document submitted to the Department. c. Records required to be kept under this subchapter or under applicable regulation. (4) Refuses to allow representatives or agents of the Department to inspect any of the following: a. All or any portion of the animal shelter. b. Any documents, records, or files required to be maintained by the animal shelter. (5) Does not correct a previously identified violation. (6) Has unpaid fees or fines. (7) Has a history of noncompliance with animal welfare laws or applicable regulations. The Department has discretion to issue provisional licensure for an applicant seeking license renewal. An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation. This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027. ]]> Wed, 20 May 2026 16:09:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143263 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 6 AND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL CHARITY CARE AND FINANCIAL ASSISTANCE.

This Act amends Title 16 and Title 6 of the Delaware Code relating to hospital charity care and financial assistance. Among other things, the Act does the following: (1) Section 1 of the Act amends § 9311 of Title 16 to exempt certain hospitals from the existing charity care requirement and require these hospitals to comply with the new financial assistance requirements under Section 2 of this Act. A hospital that provides exclusively psychiatric services, rehabilitative services, or long-term acute care services remains subject to the charity care requirement. (2) Section 2 of the Act creates a new Subchapter VII of Chapter 99 of Title 16, §§ 9961 through 9966, establishing minimum financial assistance standards for hospitals and facility-based providers. The subchapter requires full financial assistance for Delaware residents with household income at or below 300% of the federal poverty level, a 75% discount above 300% and at or below 350%, and a 50% discount above 350% and at or below 400%, and requires each hospital to maintain a medical hardship policy providing a 50% minimum discount with an income ceiling of at least 500% of the federal poverty level. Eligibility determinations are valid for at least 1 year, transfer among hospitals and facility-based providers, and suspend collection activity while an application or appeal is pending. Hospitals must provide notice in languages spoken by more than 5% of the hospital's service area, screen patients for financial assistance, report annually to the Diamond State Hospital Cost Review Board ("Board"), and publish a financial assistance policy addressing presumptive eligibility, the application process, Medicaid coordination, and patient refunds. The Board administers the subchapter and conducts compliance reviews, the Division of Health Care Quality may take licensure action on a finding of noncompliance, the Attorney General may bring a civil action on behalf of patients harmed by a violation, and the obligations run with the hospital license. (3) Section 3 of the Act amends § 1007 of Title 16 to extend the Department of Health and Social Services’ civil money penalty authority to violations of Subchapter VII of Chapter 99. (4) Section 4 of the Act amends § 2505J of Title 6 to prohibit a medical creditor or medical debt collector from taking extraordinary collection action against a patient who qualifies, or whom the creditor has reason to know likely qualifies, for financial assistance. (5) Section 5 of the Act amends § 2508J of Title 6 to prohibit collection communications, litigation, and debt referrals or sales by a medical creditor or medical debt collector that knows or should know that a patient's financial assistance application or appeal is pending. (6) Section 6 of the Act amends § 2511J of Title 6 to make noncompliance with the new subchapter, or a patient’s eligibility for financial assistance, a complete defense in a civil action to collect medical debt, and to bar entry of a default judgment in any such action without an affidavit from a responsible officer of the hospital attesting that the patient was offered financial assistance screening. (7) Section 7 of the Act provides that the minimum financial assistance standards under § 9962(a) and (b) of Title 16 take effect on January 1, 2027, and that all other provisions take effect on the earlier of notice by the Diamond State Hospital Cost Review Board, published in the Register of Regulations, that final implementing regulations have been adopted, or July 1, 2027.]]> Wed, 20 May 2026 16:09:26 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143061 Delaware Senate - 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, 20 May 2026 16:09:16 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143051 Delaware Senate - 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, 20 May 2026 16:09:06 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143037 Delaware Senate - 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, 20 May 2026 16:08:56 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143128 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Senate Substitute 1 for SB 168 allows for the delivery of alcoholic liquors from any entity with a valid off-premise license. In addition, this substitute provides that acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer. This substitute bill differs from SB 168 in that it clarifies that § 516 of Title 4 applies to package stores, restaurants, and clubs, and not to hotels, grocery stores, convenience stores, drug stores, tobacco retailers, or cigar stores. This substitute bill also separates a subsection into two parts, addressing curbside sales and deliveries, for purposes of clarity. In addition, this substitute bill provides that a third-party delivery vendor may charge package stores no more than a single, flat rate that is applicable to all package stores that enter into a delivery contract with the third-party delivery vendor—that is, the third-party vendor may not charge a different rate to different stores, or a different rate for different deliveries from the same store. Finally, this substitute bill provides that it takes effect 6 months after its enactment.]]> Wed, 20 May 2026 16:08:27 -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, 20 May 2026 16:08:15 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143029 Delaware Senate - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING WILDLIFE.

This Act is a substitute for Senate Bill No. 212. Like Senate Bill No. 212, this Act is the first leg of a constitutional amendment to establish the right to hunt, fish, and trap wildlife in Delaware. Twenty-four other states have preserved the right to hunt, fish, and trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia, and Vermont. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act declares that it may not be applied to do any of the following: (1) Limit the application of a law relating to trespass or property rights. (2) Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. (3) Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. (4) Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. (5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State. This Act differs from Senate Bill No. 212 by doing the following: (1) Removing language related to the use of "traditional methods" of hunting, fishing, or trapping. (2) Providing clarity that after passage of this Act the General Assembly, and any state agency or local government authorized by the General Assembly, may continue to establish hunting, fishing, or trapping requirements based on the best available science and wildlife management practices, including requirements for humane methods of take or requirements for licenses or permits, bag limits, or other practices for managing wildlife. 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, 20 May 2026 16:08:05 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143267 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE TECHNICAL INNOVATION PROGRAM.

This act updates the Delaware Technical Innovation Program at Title 29 of the Delaware Code, Chapter 87A, Subchapter III by authorizing the Division of Small Business to provide matching funds or supplemental grant funds to eligible Delaware small businesses receiving federal SBIR or STTR awards in order to support research, development, commercialization, and economic benefit in this State. This act also authorizes the State to provide matching funds or supplemental grant funds to an eligible small business that has received a federal SBIR or STTR Phase I or Phase II award. To qualify for funding under Title 29, § 8737A, a small business must have its principal place of business in Delaware and must certify that the funded work, related research and development, or commercialization activity will benefit the Delaware economy. The Division of Small Business shall administer the program using funds allocated or otherwise made available for such purpose and may establish application requirements, program guidelines, allowable uses of funds, award amounts, and such other criteria as are necessary to carry out § 8737A.]]> Wed, 20 May 2026 16:07:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143019 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY HUMAN RESOURCES ADVISORY BOARD.

New Castle County's Human Resources Advisory Board is responsible for making recommendations to the Chief Human Resources Officer, the County Executive, and County Council on ways to improve human resources administration in County government. This Act increases Board membership from 3 to 7 members and reduces members' terms from 6 to 4 years. The Board will tangibly benefit from these changes, which will bring with them alternative views and will lead to a healthy challenge and improvement to existing policies and processes. This Act also provides that a member who is serving when this Act is enacted may complete the member's 6-year term, and the member's successor and each successor thereafter will serve the 4-year term provided under this Act. Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 May 2026 16:07:32 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142880 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 6 AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF FINANCE.

This Act makes several changes to the Delaware Code relating to the Department of Finance (“Department”). Specifically: (1) Section 1 of this Act increases public transparency and clarifies that any officer or employee of the Department, or employee of this State who has access to tax returns or information from tax returns, may disclose information that appeared on the face of an expired license previously required to be displayed under § 2109 of Title 30. (2) Sections 2 and 3 of this Act define a trust fund tax, lists current trust fund tax types, and updates Title 30 to align all assessment and collection timelines for trust fund tax types. (3) Section 4 of this Act simplifies that the requirements that allow the Department’s Division of Revenue to take an extended lookback by removing repealed taxes and clarifying that exceptional underreporting measures are applied only against the tax liability and not other tax calculation elements. (4) Section 5 of this Act updates Title 30 regarding the notice of finality as it relates to trust fund taxes. (5) Section 6 of this Act modifies the filing due date for all 1099 forms to January 31 following the close of the taxpayer’s taxable year. (6) Section 7 of this Act clarifies the definition of “transfer.” (7) Sections 8, 9, and 10 of this Act make retroactive technical changes to the trade name registration process under Title 6.]]> Wed, 20 May 2026 16:07:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142878 Delaware Senate - 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, 20 May 2026 16:07:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142877 Delaware Senate - 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, 20 May 2026 16:07:03 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143315 Delaware Senate - Out of Committee Legislation DIRECTING THE DELAWARE DEPARTMENT OF EDUCATION TO REEVALUATE THE USE OF THE SAT IN DELAWARE, ENGAGE EDUCATORS IN MODERNIZING THE STATE ACCOUNTABILITY FRAMEWORK, INCLUDING DEVELOPMENT OF A COHERENT HIGH SCHOOL ASSESSMENT SYSTEM, AND DEVELOP ADDITIONAL MEASURES OF STUDENT ACHIEVEMENT AND READINESS.

This Senate Joint Resolution directs the Delaware Department of Education to reevaluate the use of the SAT within Delaware’s accountability system while continuing to offer the SAT during the school day for students who wish to take it. The Resolution further directs the Department to engage educators statewide in developing a modernized accountability framework, explore additional measures permitted under federal law, recognize career readiness indicators such as industry credentials, dual enrollment, and work-based learning, and clarify that proficiency results are one indicator of postsecondary readiness rather than a sole measure of school quality. The Department will explore and develop a coherent high school assessment system, including a standards-aligned high school summative assessment and learning progress assessments, designed to provide timely, instructionally useful data while maintaining full compliance with federal accountability requirements. ]]> Wed, 20 May 2026 16:06:52 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143323 Delaware Senate - Out of Committee Legislation ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LOCAL SCHOOL TAXES.

This Act repeals the ability of school districts to increase tax rates by up to 10% when recalculating the district’s rate of taxation after a general reassessment. This Act does not repeal the requirement under § 1916(b) of Title 14 that a school district recalculate the district’s rate of taxation after a general reassessment, but instead of the 10% maximum, limits the amount of money a district can collect as a result of increases in the fair market value of real property to an amount that is equal to or less than the sum of all of the following: 1. The actual operating revenue derived by the tax levied in the fiscal year immediately preceding the general reassessment. 2. A percentage that is equal to the average growth rate in taxable property in the district since the previous reassessment. This Act also allows school districts to increase a tax approved in a referendum election under Chapter 19 of Title 14 by up to 2% annually without a referendum if the district’s operational reserve balance is not more than 10% of the district’s annual revenue and it is not the same fiscal year that the rate of taxation is recalculated after a general reassessment. This authority will allow school districts to maintain services for students by gradually adjusting to challenges such as inflation, enrollment changes, and increased student needs. Under this Act, the new recalculation equation under § 1916(b) of Title 14 applies beginning for the fiscal year following the next general reassessment and a school district cannot begin to increase tax rates by no more than 2% without a referendum until after the next general reassessment or for fiscal year 2031, whichever is earlier. This Act does not do any of the following: • Allow school districts to levy an additional tax that is more than 2% without an approved referendum. • Change the differences under current law for tax rates for vocational-technical districts. Under current law and this Act, vocational-technical districts are required to use the same calculations as other school districts when recalculating the rate of taxation after a general reassessment. However, the tax authority for vocational-technical districts is under Chapter 26 of Title 14, not Chapter 19, so the authority to annually increase a tax rate by 2% does not apply to vocational-technical districts. This Act also makes the following corresponding and technical changes to Chapter 19 of Title 14: • Revises the definitions in § 1901 by adding “general reassessment” and “reassessed” as defined terms and updates the definition of “district” to reflect current school district boundaries. • Clarifies that if Chapter 26 applies to a school district, the ability of a district to levy an additional tax under § 1902(a) does not apply to that district. • Technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 May 2026 16:06:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142763 Delaware Senate - 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, 20 May 2026 16:06:31 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143356 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 5 AND TITLE 12 OF THE DELAWARE CODE RELATING TO FAMILY TRUST COMPANIES.

This Act builds upon the reputation of Delaware’s trust laws and trust services infrastructure by creating a trust company charter designed for families desiring a family trust company. This Act authorizes the formation of a new type of Delaware regulated trust company, a “family trust company,” serving a single family and its related trusts, entities, and charities. This Act further authorizes and directs the State Bank Commissioner to establish regulations, application forms, and practices that distinguish the regulatory requirements for a family trust company from commercial trust companies serving the public, based on their differing risk profiles. A principal purpose of the supervision and examination of family trust companies by the Office of the State Bank Commissioner under this Act will be to address and facilitate record-keeping, auditing and reporting, and risk management, in significant part by assisting management of family trust companies in understanding and performing their fiduciary and other legal obligations owed to the family members they serve. This Act limits family trust companies to exercising the trust company powers permitted to other State-chartered trust companies and defines the family members it may serve based on their being descended from or otherwise related to a single family member (either alone or together with their spouse) designated by the family. This Act provides for the organization, minimum capital and surplus requirements, and permissible range of license fees of a family trust company, as well as the criteria for approval of an application for a certificate of authority to establish a family trust company, and additional criteria to consider for the capital and surplus requirements of family trust companies, in order to assure their safe, sound, and effective operation. It also encourages family trust companies to be audited, requires certain insurance coverages, and provides for supervision, examination, and enforcement of their compliance with the Act and safe and sound trust company practices. This Act also requires that material trust administration occur in Delaware in instances in which the laws of Delaware are intended to govern the administration of the trust administered by a family trust company. 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, 20 May 2026 16:06:19 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143282 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.

Currently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off. ]]> Wed, 20 May 2026 16:06:08 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143260 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF NONPROFIT ACUTE CARE HOSPITALS.

This Act protects Delaware’s nonprofit acute care hospitals from acquisition by entities other than charities or not-for-profit entities during a moratorium period. It also permanently subjects the sale or encumbrance of primary facility real estate of a nonprofit acute care hospital to the Attorney General notice and review requirements of the Conversion Act. Section 1 makes two primary changes to the definitions in § 2531 of Title 29. First, it clarifies that a "not-for-profit healthcare conversion transaction" includes those undertaken "directly or indirectly through one or more affiliates." This ensures that the Attorney General’s oversight cannot be circumvented by structuring transactions through shell entities or intermediaries. It provides a new, permanent category of conversion transaction: the sale, transfer, conveyance or lease of a hospital's "primary facility real estate" to a for-profit entity. This change ensures that arrangements involving the land and buildings of an acute care hospital are subject to the same notice and review requirements as a change in corporate control. Finally, Section 1 defines for "acute care hospital" and "primary facility real estate.” Section 2 requires the Attorney General to transmit copies of any Conversion Act notice involving an acute care hospital to the Governor and the Secretary of the Department of Health and Social Services within 10 days of receipt. Section 3 prohibits any person or entity, other than a charity or not-for-profit entity, from entering into a "change of control transaction" involving acquisition of a nonprofit acute care hospital. It defines a "change of control transaction" as the acquisition of the power to direct the hospital's management, policies, or clinical practices, whether through ownership of voting securities, changes in board composition, or by contract. Any transaction of this nature is void and has no legal effect. The prohibition expressly captures incremental acquisition scenarios, including minority stakes, sub-majority governance rights, board appointment rights, and executive officer appointment rights. Section 4 amends § 9304 of Title 16 to prohibit any entity or person other than a charity or not-for-profit entity from submitting, and the Health Resources Board from accepting or processing, an application for a Certificate of Public Review for the construction, development, establishment, or acquisition of an acute care hospital. Any such application is void and of no legal effect. Section 5 provides that Sections 2 through 4 are effective until July 1, 2028, unless terminated sooner or extended by the General Assembly. ]]> Wed, 20 May 2026 16:05:57 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143040 Delaware Senate - 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.]]> Wed, 20 May 2026 16:05:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142744 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO LICENSES FOR SALE OF ALCOHOLIC BEVERAGES.

This Act allows any municipality with a population of 50,000 or more to establish by ordinance rules for the location of liquor stores that are more restrictive than state law, and requires the Alcoholic Beverage Control Commissioner to refuse a license for any new establishment that does not comply with those rules.]]> Wed, 20 May 2026 16:05:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143256 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.

This Act does the following: 1) On line 6, the Act deletes a provision about the Department of Agriculture issuing a biennial license for $100. 2) The Act requires certified private applicators to maintain records with respect to applications of pesticides and to make the records available for inspection by the Department. 3) The Act expands the definition of “Landscaper” to include commercial entities that install their own nursery stock. 4) The Act removes the requirement that Grain Inspector License applicants furnish satisfactory evidence of good character to the Department. ]]> Wed, 20 May 2026 16:05:27 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143161 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE.

Approximately one in five adults report experiencing a mental health condition. At the same time, many individuals continue to face delays or barriers when trying to access care, even when they have insurance coverage. Delays, denials, or truncation of treatment leave families and their doctors battling for coverage instead of focusing on treatment and recovery. Families must pay out of pocket for care, on top of premiums for coverage they are not receiving. Further, Delawareans are five times more likely to go out-of-network for mental health care than for primary care, resulting in higher costs. This Act, known as the Fair Standards in Mental Health Care Act, builds on previous work to advance mental health parity and aims to ensure patients with private insurance can access timely, evidence-based mental health and substance use disorder care in Delaware. This Act supports improved access to mental health disorder and substance use disorder treatment by: 1. Adding and refining key terms, including definitions of mental health disorders and substance use disorders, level of care criteria, medically necessary treatment, utilization review and utilization review criteria to ensure consistency with widely accepted clinical standards of treatment and service intensity determination. This bill forges gold-standard clinical guidelines through requiring insurers to use transparent, evidence-based standards from independent experts, including the American Academy of Child and Adolescent Psychiatry. 2. Requiring coverage for all medically necessary treatment, including emergency services and all clinically appropriate levels of care. This bill ends prior authorization delays for mental health and guarantees emergency mental health coverage, just as Delaware already does for addiction treatment. 3. Requiring at least one formulation of certain FDA-approved medications to treat substance use disorders to be placed on the lowest-cost tier of drug formularies. 4. Prohibiting discrimination against individuals with current or predicted mental health disorders or substance use disorders. 5. Requiring carriers to arrange coverage of medically necessary out-of-network services without additional cost to the enrollee if in-network options are unavailable within applicable network access standards, thus ensuring real network access. 6. Removing language currently in the code barring a private right of action for violations of 18 Del. Code § 3343. In addition, the Act clarifies that carriers must provide nonquantitative treatment limitation parity analysis (NQTL parity analysis) that they are required to have completed under federal law to health care providers and current and prospective covered persons, free of charge, upon request. This Act applies to individual health insurance policies under Chapter 33 of Title 18 and group and blanket health insurance policies under Chapter 35 of Title 18. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 20 May 2026 15:25:40 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143286 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR CHILD CARE ASSISTANCE.

This Act provides that a child is automatically eligible for Purchase of Care upon placement in foster care.]]> Wed, 20 May 2026 15:25:32 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143201 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.

This Act requires retail food establishments in the State with at least 20 locations globally, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted drinks that contain high caffeine in the same font size as prices listed on the menu with an explanation of these symbols, and provide this same content to third party platforms that display menu information. This Act exempts alcoholic, coffee, and tea beverages as well as bar establishments. The Department of Health will first issue a warning. If the retail food establishment does not cure the violation after receiving the warning, a fine of not more than $50 shall be assessed for a first violation, and not more than $100 for each subsequent violation. ]]> Wed, 20 May 2026 15:25:22 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143199 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

This Act establishes a prohibition on the sale of energy drinks or caffeinated dietary supplements to minors. This Act does not prohibit a minor from possessing or consuming energy drinks or caffeinated dietary supplements. The Division of Public Health will be responsible for enforcement of this Act. A dealer who violates this provision will be: (1) issued a warning for the first offense; (2) fined no more than $50 for a second offense occurring not more than 1 year after the first; and (3) fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense. This Act takes effect 1 year after enactment.]]> Wed, 20 May 2026 15:25:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143272 Delaware House - Out of Committee Legislation DIRECTING THE JUDICIARY TO ESTABLISH A WORKING GROUP TO EXPLORE THE FEASIBILITY OF ESTABLISHING A HOUSING OPPORTUNITY AND POVERTY ELIMINATION (HOPE) COURT PROGRAM IN PARTNERSHIP WITH STATE AGENCIES AND COMMUNITY ORGANIZATIONS AND TO PROVIDE RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION.

This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation. ]]> Wed, 20 May 2026 15:25:04 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143307 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

This Act changes the criteria for granting or denying a sexual violence protective order by prohibiting the consideration of certain information only in the decision to deny a protective order rather than prohibiting its consideration at all.]]> Wed, 20 May 2026 15:24:54 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143277 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.

This Act serves to clean up Delaware’s ghost gun law to address issues raised in ongoing litigation. This Act primarily creates a clear path for individuals who legally possessed unserialized firearms prior to the law’s enactment to come into compliance, either by having them serialized through a federally licensed dealer or rendering them permanently inoperable. This Act also clarifies definitions and aligns the law with federal serialization standards, while preserving the underlying prohibition on untraceable firearms. ]]> Wed, 20 May 2026 15:24:45 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143243 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROSTITUTION.

This adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment. This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following: (1) A massage establishment, as defined in § 5302 of Title 24. (2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered. This Act’s definition is based on those used by national and state human trafficking prevention organizations. Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments. This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 May 2026 15:24:36 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143245 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.

This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims. To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 May 2026 15:24:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143117 Delaware House - 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. ]]> Tue, 19 May 2026 18:46:27 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143244 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNFAIR TRADE PRACTICES IN AUTOMOBILE INSURANCE.

This Act updates auto insurance protections by prohibiting carriers from limiting repair or replacement work to particular facilities, individuals, or business establishments as a condition of payment of a claim. This Act makes technical corrections to conform the statute with the Delaware Legislative Drafting Manual.]]> Tue, 19 May 2026 18:46:19 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143001 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.

Senate Substitute No. 1 for Senate Bill 208 differs from Senate Bill No. 208 in the following 9 ways: 1. Makes technical corrections, including changing § 3508A and § 3509A to § 3508B and § 3509B to avoid confusion with existing code sections in Chapter 35A of Title 24 of the Code, correcting the title for § 3509 and § 3509B, and making changes to use consistent language and structure. 2. Adds cognitive rehabilitation to the list of evidence-based therapeutic interventions under the practice of psychology. 3. Adds cognitive therapy to the list of therapies that are included as examples of evidence-based interventions. 4. Replaces "organic brain syndromes" with the modern term " brain-based disorders". 5. Adds programs accredited by the Canadian Psychological Association to the list of degree programs that are accepted by the Board of Examiners of Psychologists (Board) for licensure or registration under Chapter 35 of Title 24 of the Code. This makes it easier for individuals from Canada to be licensed or registered under Chapter 35 of Title 24 of the Code. 6. Removes from the qualifications of applicants for licensure as a licensed psychology associate the requirement that a master’s degree must be from a program with a minimum of 60 graduate semester hours, because the qualifications of applicants for licensure as a psychologist do not include a required number of semester hours for doctoral degree programs. The Board determines the qualifications of applicants, including whether the applicant’s degree is from a program that meets the requirements listed in § 3508 and § 3508B of Title 24. 7. In the scope of practice of a licensed psychology associate, replaces "general measures of cognitive abilities and achievement" with "measures of intellectual ability". This clarifies that a licensed psychology associate may not administer neuropsychological tests. 8. Updates registration as a doctoral-level psychological assistant under § 3509 and registration as a master's-level psychological assistant under § 3509B to reflect modern practice. The applicant for registration, not the supervising psychologist or supervising licensed psychology associate, is responsible for providing to the Board evidence of the applicant's qualifications for registration. Similar updates are made throughout Chapter 35 of Title 24 to reflect that the individual applying for registration is applying rather than the supervising psychologist or licensed psychology associate. 9. Removes the requirement for applicants for licensure or registrations under Chapter 35 of Title 24 to submit the applicant’s criminal history reports from the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) to the Board. The Board directly receives electronic copies of each applicant’s criminal history reports from the SBI and the FBI, as provided in § 3508(b)(1), § 3508B(b)(1), §3509(b)(1), and §3509B(b)(1). Like SB 208, this Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509B. A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508B(e) added by this Act. The Board of Examiners of Psychologists (Board) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity. An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508B, § 3509, and § 3509B of Title 24. 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. This Act is effective on its enactment and is to be implemented the earlier of the following: 1. Twelve months from the date of enactment. 2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted.]]> Tue, 19 May 2026 15:22:49 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143287 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODY WORK.

This Act permits massage and bodywork therapists to obtain pre-licensing education in a hybrid format, as permitted by the Board of Massage and Bodywork’s rules and regulations. Rules and regulations will specify which subjects may be obtained through hybrid education to ensure proper training in the interests of public protection. This change is consistent with initiatives in other states, which have adopted more flexible learning models. This Act also strikes language pertaining to certified massage technicians because the Board no longer issues this type of license. Currently, licensed certified massage technicians may continue their licensure status with timely license renewal. Finally, revisions have been made to specify that licensees are massage and bodywork therapists, not massage or bodywork therapists, as indicated in the statute. ]]> Tue, 19 May 2026 15:22:15 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143164 Delaware House - Out of Committee Legislation AN ACT TO AMEND CHAPTER 186, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO THE COUNCIL ON CORRECTION.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's (JLOSC) review of the Council on Correction. In 2021, JLOSC sponsored Senate Bill No. 129 of the 151st General Assembly, which, among other updates to the Council on Correction's statute, tasked the Criminal Justice Council with providing administrative support to the Council on Correction. This partnership was intended to provide the Council on Correction with needed staff support and training opportunities. SB 129 included a 5-year sunset provision to review the efficacy of the partnership. Because the partnership has been successful, this Act removes the sunset provision so that the partnership may continue. Otherwise, the partnership will expire on September 17, 2026.]]> Tue, 19 May 2026 15:22:07 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142955 Delaware House - 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. ]]> Tue, 19 May 2026 12:58:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142855 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF ICE AND SNOW FROM VEHICLES.

This Act requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury.]]> Tue, 19 May 2026 12:58:50 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143275 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF REVOLVING OR FLASHING GREEN LIGHT.

This Act expands the use of green lights to include vehicles and equipment used for road construction and maintenance activities. Other states have already expanded their laws to allow green lights on these types of vehicles and equipment in addition to snow plows. This Act removes potential confusion over whether those lights may be operated in Delaware. ]]> Tue, 19 May 2026 12:58:43 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143186 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE LOSS OF DRIVERS' LICENSES DUE TO MEDICAL ISSUES.

This Act seeks to address the undue burden placed on individuals who are required to surrender their driver's license due to a medical condition. Under current law, individuals must physically surrender their license, often during already traumatic circumstances, and are then, in some cases, required to purchase a separate identification card to maintain a valid form of ID during the suspension period. This Act allows a medically disqualified individual to retain the individual's physical driver’s license for identification purposes by signing an affidavit acknowledging the individual is prohibited from operating a motor vehicle. This approach balances public safety with compassion, streamlines administrative processes, and eliminates unnecessary costs for affected individuals. This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 19 May 2026 12:58:34 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143345 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

This Act is a substitute for House Bill No. 322 which permits employees of, or security personnel working for, a health-care institution, as defined under Chapter 25C of Title 16, or a medical or dental practice licensed under Title 24, for the purpose of summoning a law-enforcement officer, 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. This House Substitute to House Bill No. 322 differs from the initial bill as it clarifies the definition of health-care institution, medical practice, and dental practice.]]> Tue, 19 May 2026 12:46:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143321 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 be subject to actions taken by the General Assembly. The Governor may terminate any emergency order or renewal order at any time. This substitute bill clarifies that after an Emergency Order has been in effect for 180 days, the General Assembly may act to terminate or amend the Order, but the Order could continue to be renewed until the Governor or the General Assembly act to the contrary. Also, the substitute requires a report to the General Assembly every 30 days during the continuation of a State of Emergency.]]> Tue, 19 May 2026 12:46:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143198 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO NONPROFIT ORGANIZATIONS AND THE PROHIBITION OF PARTISAN POLITICAL ACTIVITIES.

The Delaware Nonprofit Nonpartisanship Protection Act is designed to uphold and safeguard the long-standing principle of nonpartisanship for tax-exempt nonprofit organizations operating within the State. The bill reinforces the protections established by the Johnson Amendment, which prohibits 501(c)(3) nonprofits from engaging in partisan political activities, including endorsing or opposing candidates for public office. ]]> Thu, 14 May 2026 18:28:20 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143113 Delaware House - 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.]]> Thu, 14 May 2026 18:28:12 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143246 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals. ]]> Thu, 14 May 2026 18:28:03 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143192 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 3, 4, AND 16 OF THE DELAWARE CODE RELATING TO HEMP, MARIJUANA, AND MARIJUANA PRODUCTS.

The General Assembly recognizes that Delaware’s industrial hemp farmers and processors play an important role in the State’s agricultural economy and that non-intoxicating industrial hemp products are lawful and should continue to be cultivated, produced, and sold in accordance with state and federal law. Nothing in this Act is intended to criminalize lawful industrial hemp or disrupt the legitimate industrial hemp industry. The General Assembly finds that an unregulated market for intoxicating THC consumable products has emerged in Delaware, notwithstanding prior legislation making clear that intoxicating products derived from the cannabis plant are marijuana and must be sold only in licensed, regulated establishments. Intoxicating consumable products containing high levels of THC are now widely available in retail outlets, many of which operate in and target our most vulnerable communities. These products are frequently sold without age restrictions, product testing, potency limits, or meaningful labeling, and are often marketed in ways that make them especially appealing and accessible to minors. This Act reaffirms Delaware’s commitment to a responsible adult-use marijuana industry by ensuring that all cannabis-related products sold in this State meet the highest standards of health and safety. To that end, the Act strengthens the requirement that consumable products containing a specified level of THC, regardless of their source, be sold only through licensed establishments and be subject to appropriate regulatory oversight. By ensuring these products are integrated into Delaware’s existing, comprehensive regulatory framework for adult-use marijuana—which includes stringent testing, labeling, packaging, and age-restriction requirements—this Act safeguards public health and prevents unregulated intoxicating THC consumable products from undermining the safety protections established for Delawareans, particularly children and adolescents. ]]> Thu, 14 May 2026 18:27:54 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143200 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ELECTRONIC SUBMISSION OF BIDS AND BID OPENINGS FOR ELECTRONIC BIDDING.

This Act clarifies that the agencies may, in their discretion, determine the methodology to be used for bid submission, including limiting bidding to solely electronic submissions. This Act allows for electronic bidding to be conducted through a platform of the agency’s choice. Where electronic bidding is identified as the sole manner of bidding, the agency is not required to provide an anchor location for public attendance at the bid opening. The agency is then required to provide the results of the bidding in real time via an electronic remote hosting platform of the agency’s choosing. The agency must post the results of the solicitation to their website within two (2) business days. Additionally, this Act clarifies that a newspaper advertisement is not required if advertisement is submitted to the electronic procurement advertising system defined in § 6902(12) of this title. Finally, this Act clarifies that the agency and awarded bidder may mutually consent to extend the time limit for contract award. ]]> Wed, 13 May 2026 17:16:38 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143148 Delaware House - Out of Committee Legislation AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE.

This Act reincorporates the Charter of the Town of Millville. The Act adds a preamble and reorganizes and groups various sections of the Charter into articles. Also, the Act removes sections related to a Town-only assessment process, given the Town’s use of the Sussex County assessments. Additionally, the Act adds a property tax cap of 3% of the total assessed value in the Town. The municipal election process is amended to include an ultimate tie-breaking mechanism.]]> Wed, 13 May 2026 17:16:11 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142802 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR ATHLETIC TRAINERS.

This act establishes the Athletic Trainers Compact ("Compact"), which facilitates the interstate practice of athletic training and provides for athletic trainers licensed in a participating state the ability to practice in other participating states. The Compact sets forth the requirements to be met in order for a state to join and maintain membership in the Compact. Additionally, the Compact provides the requirements for an athletic trainer to obtain and exercise the ability to practice in the remote participating states. The Compact further provides that an athletic trainer with compact privilege shall function within the scope of practice of the state in which the patient is located and the remote practicing state. The athletic trainers also shall be subject to that remote state's regulatory authority. Participating states shall report any adverse action and significant investigative information to the Compact Data System. An adverse action against an athletic trainer in any participating state shall result in deactivation of the compact privilege during the pendency of the action. An encumbered license in a member state shall not be entitled to compact privilege until the encumbrance has passed and has exceeded two years since any encumbrance or restriction. Additionally, the Compact creates the Athletic Trainer Licensure Compact Commission ("Commission"), which is a joint government agency to administer and implement the Compact, and provides for its powers and duties. Each participating state shall be entitled to one delegate, who shall be selected within sixty days of the effective date, on the Commission. Additionally, there shall be an Executive Committee of the Commission to act on behalf of the Commission. Furthermore, the Compact shall come into effect on the date in which the seventh state enacts the Compact into law. Any participating state may withdraw from the Compact by repealing the Compact, but such withdrawal shall not take effect until 180 days after the enactment of the repeal. Finally, the Compact shall be binding upon participating states and shall supersede any conflict with state law. ]]> Wed, 13 May 2026 16:23:53 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142888 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11, TITLE 19, AND TITLE 29 OF THE DELAWARE CODE RELATING TO JUVENILE PROBATION AND PAROLE OFFICERS AND OTHER EMPLOYEES OF THE DIVISION OF CHILDREN, YOUTH, AND THEIR FAMILIES.

This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification. This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be consistent with the position classification name and makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 13 May 2026 16:23:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142783 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.

This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree.]]> Wed, 13 May 2026 16:23:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142748 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSE REPORTING AND IMMUNITY FOR CERTAIN CRIMES.

This Act provides limited immunity from prosecution for persons who seek to report a sexual offense. Under this Act a person who is a victim or witness or otherwise seeks law enforcement assistance in relation to a sexual offense may not be charged, arrested, or prosecuted, or issued a civil citation for low-level crimes relating to drug or alcohol use or possession. This Act also provides that a person’s probation or pretrial release status may not be revoked or changed based on an incident for which the person would receive the limited immunity from prosecution provided under this statute.]]> Wed, 13 May 2026 16:23:44 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143266 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HOUSING SUPPLY AND HOUSING AFFORDABILITY.

This Act aims to increase this State’s supply of housing. Despite rapid development, Delaware is facing a significant and growing shortage of affordable housing. Senate Joint Resolution No. 8 of the 1st session of the 153rd General Assembly created a pilot program designed to encourage local zoning reform efforts that would help increase affordable housing. While several local jurisdictions have taken advantage of the assistance offered by Senate Joint Resolution 8, the scope of the problem is statewide, and it will take more than isolated local reform to scale up housing production, particularly affordable housing production, to the degree necessary to meet this State’s needs. This Act seeks to address those needs by increasing access to housing for all income levels while allowing local jurisdictions the flexibility to develop their own strategies for doing so. This Act is a Substitute for Senate Bill No. 23 and differs from Senate Bill No. 23 as follows: (1) Senate Bill No. 23 gave the comprehensive plans for New Castle County, Kent County, and Sussex County the force of law, as is the case with the comprehensive plans in municipalities. This Substitute removes this provision for all 3 counties, so that only the land use map or map series part of the county comprehensive plan have the force of law, as is currently the case. (2) Like Senate Bill No. 23, this Substitute reduces the amount of time a County has to rezone to conform land use with its comprehensive plan from 18 to 12 months. This Substitute also adds a provision that if a County does not complete this rezoning within the 12 months, and a property owner makes, within 24 months of the adoption of the comprehensive plan, a rezoning request that is consistent with the comprehensive plan’s future land use map, the rezoning request must be approved within 90 days of delivery of the rezoning application. If more than 24 months have passed since the adoption of the comprehensive plan, this provision does not apply. However, during that 24-month period, as long as a public hearing was held in connection with the comprehensive plan, all hearing and notice requirements otherwise required for zoning and rezoning will be deemed to have been met. (3) Under Senate Bill No. 23, counties and municipalities were given 20 days to complete revisions to comprehensive plans that were returned by the Governor for further revision. This Substitute increases that period to 45 days. It also clarifies and provides additional detail regarding the revision and certification process. (4) The requirements for the affordable housing plan under newly created Subchapter III of Chapter 92 of Title 29 have been reduced to reflect the fact that local jurisdictions already include some of the information required under Senate Bill No. 23 in their comprehensive plans. (5) Senate Bill 23 required a minimum of 4 mandatory elements of an affordable housing plan. This Substitute increases the number of required elements of the affordable housing plan from 4 to 5, with the addition being that an affordable housing plan for a jurisdiction with greater than 10,000 population must include the identification of 1 or more zoning designations that allow and are suitable for residential uses where emergency shelters, group homes, recovery homes, or other supportive housing are allowed as a permitted use without a conditional use or other discretionary permit required. (6) This Substitute clarifies the conditions under which discretionary reviews of residential development applications are replaced with a by-right process. Specifically, this Substitute provides that if a residential development application conforms without conditions, variances, or exceptions with the zoning requirements of the local jurisdiction and the comprehensive plan, by-right approval applies. Under the by-right process, the local jurisdiction determines whether to hold a public meeting about the application. The local jurisdiction’s determination to hold or not hold a public meeting and the procedures of any public meeting held supersede the provision of 9 Del. C. §§4811, 6811 and 6812, regarding public hearings. (7) This Substitute removes some of the reporting requirements included in Senate Bill 23 to simplify the process for local jurisdictions. Reporting is still mandatory, and the Delaware State Housing Authority and the Office of State Planning Coordination are still required to publish reported information on the Housing Authority website on an annual basis so that the public can see how local jurisdictions are meeting their obligations under this Act. (8) Senate Bill No. 23 included technical corrections intended to make current code consistent with the standards of the Delaware Legislative Drafting Manual. This Substitute removes those technical corrections to avoid confusion over which changes were technical, and which were substantive. Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because the amendments it makes to Title 22 of the Delaware Code would indirectly amend the charter of one or more incorporated municipalities.]]> Wed, 13 May 2026 16:23:42 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142975 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STANDARDS FOR LEVELS OF NEONATAL CARE.

This Act amends Title 16 to establish statewide standards for levels of neonatal care for facilities that operate neonatal nurseries or neonatal intensive care units. The Act requires facilities to comply with nationally recognized standards for levels of neonatal care established by the American Academy of Pediatrics (AAP), ensuring that newborns receive care in facilities equipped to meet the complexity of their medical needs. Under the Act, the Secretary of the Department of Health and Social Services (DHSS) will designate each facility's level of neonatal care based on compliance with the AAP standards, including staffing, equipment, facility capabilities, and patient protocols. The Act further establishes additional requirements for facilities providing Level IV NICU services which care for the most critically ill and medically complex newborns. DHSS must adopt implementing rules by January 30, 2027, and will seek input from the Delaware Perinatal Quality Collaborative and existing NICU providers in developing these rules. ]]> Wed, 13 May 2026 16:23:32 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142968 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TATTOO PARLORS, BODY PIERCING ESTABLISHMENTS, AND HUMAN TRAFFICKING.

This Act requires tattoo parlors to post signs raising awareness about human trafficking. This Act also requires the Department of Health and Social Services to encourage tattoo parlors and body piercing establishments to have individuals working for them complete training on recognizing, responding, and reporting signs of human trafficking, as well as referring clients to resources for victims of human trafficking. The Department must provide or make available to tattoo parlors and body piercing establishments a list of nonprofit organizations that provide this training, which must be available at no cost to any person who works at a tattoo parlor or body piercing establishment. This Act takes effect 1 year after its enactment into law.]]> Wed, 13 May 2026 16:23:30 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142170 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLES 6 AND 16 OF THE DELAWARE CODE RELATING TO PET STORES AND ANIMAL WELFARE.

This Act fosters the humane treatment of animals and prevents animal cruelty by prohibiting retail pet stores from selling dogs or cats. It further authorizes retail pet stores to collaborate with animal shelters and animal rescue organizations to offer space to showcase dogs or cats for adoption. The Office of Animal Welfare will be responsible for enforcing this Act. Retailers will receive a civil penalty of no more than $500 for each prohibited sale. This Act takes effect 6 months after its enactment into law.]]> Wed, 13 May 2026 16:23:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143079 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

This Act makes technical corrections to the Department of Finance’s existing background check authority to ensure access to FBI criminal history record information. The Department of Finance applied for federal “Rap Back” reporting and was denied, so the unacceptable language is being eliminated to facilitate access. Although the intended impact is the same, this Substitute uses different language than House Bill No. 323 based on feedback from the State Bureau of Identification and DELJIS.]]> Wed, 13 May 2026 16:23:15 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143049 Delaware Senate - 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, 13 May 2026 16:22:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142904 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES AND EDUCATIONAL SERVICES.

This Act codifies the Education Unit in the Department of Services for Children, Youth and Their Families (DSCYF). The Education Unit provides educational services to children and youth residing in facilities operated by DSCYF.]]> Wed, 13 May 2026 16:22:19 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142908 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill.  This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities. ]]> Wed, 13 May 2026 16:21:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142765 Delaware Senate - 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, 13 May 2026 16:21:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142881 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF STATUTORY TRUSTS.

This Act continues the practice of amending periodically the Delaware Statutory Trust Act (the “Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 adds a new § 3802(d) to the Statutory Trust Act to clarify that a subscription for a beneficial interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 2 amends § 3803(c) of the Statutory Trust Act to provide that advisers, as defined in § 3313 of Title 12 of the Delaware Code, shall receive the same liability protections as officers, employees, managers and other persons acting pursuant to § 3806(b)(7) or § 3806(i) of the Statutory Trust Act. Section 3 amends § 3805 of the Statutory Trust Act to include the word “statutory” before the word “trust” in the heading. Section 4 amends § 3806(b) of the Statutory Trust Act, which relates to the provisions that may be included in a governing instrument, to clarify that the limitation on those provisions is that they cannot be contrary to any provision or requirement of the Statutory Trust Act and not just to Subchapter I thereof. Section 4 also amends § 3806(b)(9) of the Statutory Trust Act to confirm that a governing instrument may be amended in connection with a division of a statutory trust as specifically contemplated by § 3825(f) of the Statutory Trust Act. Section 5 amends § 3806(o) of the Statutory Trust Act to provide that § 3806(o) applies to ratification or waiver of a void or voidable act or transaction by any trustee, beneficial owner or other person in respect of a statutory trust, in addition to acts or transactions by a statutory trust. This Section also amends § 3806(o) to provide that ratification or waiver pursuant to § 3806(o) may be express or implied, including by the statements, action, inaction, or acquiescence of or by trustees, beneficial owners or other persons. Further, this Section amends § 3806(o) to clarify that in a circumstance in which § 3806(o) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 3806(o) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 3806(o), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 6 amends § 3807 of the Statutory Trust Act, which addresses certain duties of a registered agent of a statutory trust. Amended § 3807 specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 3807 defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 amends § 3808(c) of the Statutory Trust Act to confirm and clarify certain of the mechanisms for revoking dissolution of a statutory trust. Specifically, this Section amends § 3808(c) to confirm and clarify that the references to “other persons” in § 3808(c)(1) and (2) are references to other persons whose approval is required for such dissolution of the statutory trust pursuant to the governing instrument. Section 8 amends § 3808(f) of the Statutory Trust Act. Currently, § 3808(c) of the Statutory Trust Act permits revocation of dissolution of a statutory trust prior to the filing of a certificate of cancellation of the certificate of trust in the office of the Secretary of State; however, the Statutory Trust Act does not currently address revocation of dissolution of a series prior to the completion of the winding up of the series. This amendment adds new language to permit revocation of dissolution of a series prior to the completion of the winding up of the series. Section 9 amends § 3809 of the Statutory Trust Act, which relates to the application of Delaware trust law, to clarify that those laws are applicable to statutory trusts except to the extent otherwise provided in the governing instrument of a statutory trust or to the extent otherwise provided in the Statutory Trust Act and not just in Subchapter I thereof. Section 10 amends § 3810(d) and (e) of the Statutory Trust Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 10 also amends § 3810 of the Statutory Trust Act to include the word “statutory” before the word “trust” in §3810(d) and to clarify that § 3810 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 11 and Section 12 amend § 3812 of the Statutory Trust Act, which relates to filing of certificates, to clarify that § 3812 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 13 amends § 3813(a)(3) of the Statutory Trust Act, which relates to the payment of certain fees, to clarify that § 3813(a)(3) applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 14 amends § 3815(b)(4) of the Statutory Trust Act to permit a certificate of merger to state any amendments to the certificate of trust of a surviving domestic statutory trust in a merger as are desired to be effected by the merger. This Section also amends § 3815(b)(5) of the Statutory Trust Act to provide that a certificate of trust must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic statutory trust. Section 15 amends § 3825(h) of the Statutory Trust Act. Currently, among other requirements, a certificate of division must state the name and business address of the division contact and the name and address of the division trust where the plan of division is on file. Because this information may change over time, this amendment permits or requires the filing of a certificate of amendment of certificate of division to amend the name or business address of the division contact or the name and address of the division trust where the plan of division is on file. The requirement to update such information in a certificate of division ends after the expiration of a period of 6 years following the effective date of the division. Section 16 amends § 3825(l)(1) of the Statutory Trust Act to clarify that pursuant to a division, a dividing trust is divided into distinct and independent division trusts as such term is used in the Statutory Trust Act. Section 16 also amends § 3825(l)(9) of the Statutory Trust Act. Currently, under § 3825 of the Statutory Trust Act, a dividing trust does not need to survive a division. This amendment confirms that a dividing trust need not be a surviving trust. Section 17 amends § 3852(a)(1)e. of the Statutory Trust Act to include the words “foreign statutory” before the word “trust”. Section 18 amends § 3881(c) of the Statutory Trust Act to confirm that the definition of “associate” of a person includes any investment fund or other collective investment vehicle or separate account managed or advised by the person specified. Section 19 amends § 3881(d)(1) of the Statutory Trust Act to reflect that beneficial interests are not control beneficial interests until after a control beneficial interest acquisition. This Section also amends §3881(d)(2) of the Statutory Trust Act to replace the words “target shares” with the words “beneficial interests” and to replace the words “target party” with the words “statutory trust which is not the surviving or resulting person”. Section 20 amends § 3881(e)(2) of the Statutory Trust Act to clarify that reductions in the outstanding beneficial interests of a statutory trust for any reason can cause beneficial interests that previously were not control beneficial interests to become control beneficial interests. This Section also amends § 3881(e)(2) of the Statutory Trust Act to confirm that, except as provided in § 3881(e)(2)a. and §3881(e)(2)b. of the Statutory Trust Act, beneficial interests in the range of voting power below ten percent of all voting power are not control beneficial interests. Section 21 amends § 3881(f) of the Statutory Trust Act to delete redundant language. Section 22 amends § 3882 of the Statutory Trust Act to clarify that approvals and exemptions, unless otherwise explicitly provided, cover all of the beneficial interests acquired at any time within the range of voting power to which such approval or exemption applies. This amendment also removes the requirement that beneficial interests acquired within 90 days or acquired in a series of related transactions be considered acquired in the same acquisition. Section 23 amends § 3883(b) of the Statutory Trust Act to confirm that approvals and exemptions of beneficial interests from Subchapter III of the Statutory Trust Act can occur before, at the time of, or after the acquisition of such beneficial interests. Section 24 amends § 3888 of the Statutory Trust Act to expand the categories of information that a holder of beneficial interests or an associate of such a holder must disclose to the trustees in connection with determinations by the trustees relating to control beneficial interests and control beneficial interest acquisitions and authorizes the trustees to adopt procedures that the trustees reasonably believe are necessary or desirable to determine whether and how many control beneficial interests will be or have been voted in violation of Subchapter III of the Statutory Trust Act. Section 25 provides that the proposed amendments to the Statutory Trust Act take effect on August 1, 2026.]]> Wed, 13 May 2026 16:21:17 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142882 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND PROPERTY.

Section 1 of this Act amends § 3323 of Title 12 to clarify: (1) that powers vested in 2 fiduciaries or nonfiduciaries must be exercised by agreement of both (that is, unanimously), while actions of 3 or more fiduciaries must be exercised by a majority; and (2) how these rules also apply when fiduciaries or nonfiduciaries are designating 1 or more of them to perform ministerial functions on behalf of all of them. In particular, Section 1 of this Act clarifies that when 2 fiduciaries or nonfiduciaries are serving, they can designate 1 of them to perform ministerial functions on behalf of both of them—in other words, that the statute’s existing mention of such designation being available to a majority does not mean that it is available only when there are 3 or more fiduciaries or nonfiduciaries serving. Section 1 of the Act also clarifies (in subsection (a) of § 3323) that the non-liability of fiduciaries or nonfiduciaries who dissent from an action of the majority (if the dissent is evidenced in writing and delivered to the majority) applies only with respect to such action. Section 1 of the Act also reorganizes and rewords § 3323 to reflect current stylistic and formatting preferences. Section 2 of this Act amends § 3325(29) of Title 12 to allow the trustee to select the governing instrument of either the transferor trust or the transferee trust (those two terms being defined in § 3341 of Title 12) in the context of a merger. The purpose of this amendment is to allow flexibility and improve administrative ease so that the name, EIN, account numbers, and other identifying information of the trust may remain unchanged post-merger. Section 3 of this Act amends § 3326 of Title 12 to: (1) Expand the definition of “officeholder” to include those who are empowered to appoint another officeholder; (2) Add a cross-reference to new § 3327A of Title 12 so that the definition of “officeholder” in § 3326 will also apply to § 3327A; and (3) Reorganize and reword § 3326 to reflect current stylistic and formatting preferences. Section 4 of this Act amends Title 12 by moving the language of § 3336 of Title 12 to new § 3327A of Title 12 and by adding provisions to new § 3327A that expand the subject matter of § 3336. More specifically, new § 3327A: (1) Replaces “trustee” with “officeholder” or “trustee or other officeholder” to parallel §§ 3326 and 3327 of Title 12, so that § 3327A will address the appointment of officeholders generally, and not just the appointment of trustees; (2) For trusts that are not continuing (that is, for trusts to which § 3327A(a)(1) —the existing subject matter of § 3336—does apply), changes the current language so that the appointment mechanism to appoint a distributing trustee can also be used where needed to appoint an officeholder other than a trustee; (3) For such distributing trusts, changes the current language so that the appointment of a distributing trustee or other officeholder is accomplished by unanimous consent, rather than by unanimous vote, because “vote” implies procedural formalities that ought not be necessary in such a situation; (4) For trusts that are continuing (that is, for trusts to which § 3327A(a)(1) —the existing subject matter of § 3336—does not apply), creates a new procedure for the appointment of a trustee or other officeholder where there is a vacancy, without the approval of the Court of Chancery, by unanimous consent of certain beneficiaries, but subject to any restrictions that the governing instrument imposes on the appointee; (5) Emphasizes that the unanimous consent required under § 3327A(c) and (d) may be achieved via representation by one or more designated representatives under § 3339 of Title 12 or by one or more virtual representatives under § 3547 of Title 12; (6) Provides expressly that, subject to certain conditions, § 3327A also applies to the appointment of a trustee or other officeholder where another officeholder is supposed to fill a vacancy but has failed to do so within 60 days of being notified of the vacancy; (7) Confirms that, unless a trustee vacancy is required by law to be filled, nothing within § 3327A shall be construed to require filling trustee or other officeholder vacancies when not expressly required by the trust’s governing instrument; and (8) Confirms that nothing within § 3327A shall be construed to limit the appointment of a trustee or other officeholder by a modification of a trust under § 3342 of Title 12 or by a nonjudicial settlement agreement under § 3338 of Title 12. Section 5 of this Act amends § 3341 of Title 12 to allow the trustee to select the governing instrument of either the transferor trust or the transferee trust in the context of a merger in order to align with the amendment made in Section 2 of this Act. Section 6 of this Act amends § 3345 of Title 12 to include references to both the trustee or adviser of a trust, in each place in the statute where only the trustee was formerly referenced, to avoid any potential ambiguity about the statute’s application to beneficiary well-being trusts that are drafted to provide that the trustee shall provide beneficiary well-being programs at the direction of or with the consent of an adviser. Section 6 of this Act also shortens the first sentence of § 3345(d) of Title 12—the original introductory sentence was intended to convey that the statute is applicable where the trustee is directed by an adviser, but this introductory sentence is no longer necessary in light of the other changes to this statute that more directly spell out the dynamic of a directed trust. It is noted for the sake of clarity, however, that this shortening of the first sentence of § 3345(d) of Title 12 does not change that actions taken under § 3345(d) remain subject to applicable fiduciary duties. Section 6 of this Act also clarifies § 3345(d)(3) of Title 12 that payment for beneficiary well-being programs to a trustee or affiliate or adviser is permitted only if the governing instrument expressly authorizes such payment. Section 6 of this act also amends § 3345(d)(3) of Title 12 by deleting the word “fiduciary” as modifying the term “compensation” to reflect that some advisers who are not fiduciaries may receive compensation (and not to have any effect on whether a trustee or adviser is or is not a fiduciary). Section 6 of this Act also adds the word “prior” before the word “disclosure” in the last clause of § 3345(d)(3) of Title 12 to clarify that payment for beneficiary well-being programs to a trustee or affiliate or adviser is permitted without prior notice or prior disclosure to any beneficiary of the trust. Section 7 of this Act amends § 504 of Title 25 to coordinate one of the methods for opting out of the effect of § 504(a) upon the exercise of a power of appointment. The amendment is that the instrument of exercise of a power of appointment should make express reference to the provisions of § 501(a) of Title 25 and should expressly state that it shall not apply to the exercise of the power in order to effectuate the opt-out of § 504(a). This change replaces the prior provision that referred generally to § 501, rather than specifically to § 501(a). Section 8 of this Act provides an effective date.]]> Wed, 13 May 2026 16:21:04 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143031 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or curing deficient absentee ballots. Section 1 revises the terms and definitions for Title 15 as follows: • Repeals obsolete terms. • Revises current terms and definitions to accurately reflect the organization of the Department of Elections (Department), the use of electronic voting systems, and conform to drafting standards. • Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s election laws. Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. This section specifically provides for all the following: • An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional residence associated with real property. • An individual does not lose their place of residence if the individual intends to return after an absence, such as for education, military service, incarceration, or obtaining or providing medical care. • If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facia evidence of a change in residence. • An individual’s residence changes and the individual forms a new residence if the individual inhabits a new location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on residence at a new location. • How a dispute regarding an individual’s place of residence is determined and appealed. Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c. 170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing improvements to voting technology. Specifically, these updates: • Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15. • Provide for the designation of the software, which includes the version of that software, that must be installed on voting devices before each statewide general election. • Expands the criteria that must be considered when designating the software that must be used on voting devices, including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides certainty and stability instead of relying on the continued existence of a federal certifying entity. • Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner (Commissioner) must designate the software required for the next statewide general election and that this software can be used for elections held during the next 2 years. • Explicitly allows the Commissioner to change the designated version of voting device software if necessary to address a material security flaw in the previously designated software. • Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15. • Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals language about party designees that is obsolete because this testing is open to the public. • Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections. The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits). The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections. • Repeals provisions that unnecessarily repeat requirements in other sections. Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section 1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for tabulating absentee ballots under § 5510 of Title 15. Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15. Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically, Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to align with the revisions under Section 1 of this Act. Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15. Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the revisions under Section 1 of this Act. Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows: • Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act. • Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is followed for primary elections and repealing confusing language. • Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot. Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of Title 15. Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 13 May 2026 15:18:16 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143048 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.

The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment. Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages.]]> Wed, 13 May 2026 15:17:21 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142978 Delaware House - 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. ]]> Tue, 12 May 2026 15:19:01 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142619 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This Act imposes certain requirements upon a public utility if it intends to relocate a call center outside the service territory of the public utility or contract call center work outside of the service territory of the public utility. The requirements include providing notice to the Public Service Commission, current and prospective employees at the call center, and the union leadership of any current or prospective employees at the call center.]]> Tue, 12 May 2026 15:18:51 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143280 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.

This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.]]> Tue, 12 May 2026 12:34:18 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142930 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROCEDURE FOR DISSEMINATION TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.

This Act amends the procedure for disseminating to the public a proposed amendment to the Delaware Constitution by eliminating the requirement that the dissemination through publication in a newspaper. Removing this requirement is expected to result in cost savings for the State, while still requiring the posting on state websites to ensure continued public accessibility.]]> Thu, 07 May 2026 14:09:13 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=141903 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. 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, 06 May 2026 17:02:00 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142939 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.

This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).]]> Wed, 06 May 2026 16:07:00 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142301 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO CHILD SEXUAL ABUSE MATERIAL.

This Act changes the term “child pornography” to “child sexual abuse material”. There has been a growing national movement to ensure the correct terminology is used when identifying victims of human trafficking and sexual exploitation. Child sexual abuse material is the correct and widely accepted terminology for pornographic material depicting a child. According to the U.S. Department of Justice, child sexual abuse material is the preferred term because “it better reflects the abuse that is depicted in the images and videos and the resulting trauma to the child.” In 2016, an international working group, comprising a collection of countries and international organizations working to combat child exploitation, formally recognized ‘child sexual abuse material’ as the preferred term. This proposed change is supported by the Office of the Child Advocate, Delaware State Police, and the Department of Justice, as well as national organizations like the National Center Against Sexual Exploitation. ]]> Wed, 06 May 2026 16:06:07 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142137 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT'S CRIMINAL JURISDICTION.

This Act clarifies and refines the criminal jurisdiction of Family Court. First, this Act alters the definition of “family” by removing the requirement that both parties be residents of this state. Second, this Act provides concurrent criminal jurisdiction in Family Court and the Court of Common Pleas for certain criminal offenses where the parentage of a child in common is in dispute. Finally, this Act provides Family Court and the Court of Common Pleas with concurrent criminal jurisdiction over non-felony, adult criminal cases that include charges that fall within both Family Court’s and Court of Common Pleas’ jurisdiction. This Act requires a greater than majority vote for passage because Section 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to confer jurisdiction of a misdemeanor on the Family Court. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 06 May 2026 16:05:54 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143004 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES.

This Act requires a long-term care facility to refund any deposit or minimum-stay-requirement charges to a resident or a resident’s family if the resident dies prior to or within 60 days of entering the facility, if the individual is unable to enter the facility due to a change in the individual’s medical condition or needs, or if the resident is discharged or transferred from the facility within the first 60 days. ]]> Wed, 06 May 2026 16:05:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142792 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

This Act permits the value of items stolen at separate times to be grouped and prosecuted as one charge, if the thefts were part of a pattern. It also allows the occurrence of an act in one jurisdiction to be used as evidence of a pattern being charged in another jurisdiction. This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 06 May 2026 15:26:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142758 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 RELATING TO THE CHILDHOOD LEAD POISONING PREVENTION ADVISORY COMMITTEE.

School nurses are a vital link in implementing the Childhood Lead Poisoning Prevention Act and in preventing lead poisoning among Delaware’s children. Since the 1990s, school nurses have been on the front lines of ensuring that students entering pre-kindergarten and kindergarten have a lead screening completed prior to the start of school. The Delaware School Nurse Association (DSNA) Advocacy Committee has actively participated in the Childhood Lead Poisoning Prevention Advisory Committee (CLPPAC) as a stakeholder, collaborating to improve blood lead testing rates and to address racial, ethnic, and socioeconomic disparities in lead poisoning. School nurses also contribute to the development, updating, and implementation of the statewide screening plan. Most importantly, when a child tests positive for an elevated blood lead level, school nurses are uniquely positioned to connect that student and family with the academic and health resources needed for success. This Act adds a school nurse as a member on the CLPPAC. The presence of a school nurse as a voting member will strengthen the Committee’s work and ensure that the voices of those most directly supporting children are represented in both policy and practice.]]> Tue, 05 May 2026 14:08:58 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142761 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SCREENING FOR LEAD POISONING.

This Act requires the Division of Public Health to submit a report to various government officials and post on its website the data it receives from schools regarding the number of kindergartners who meet the requirements under this chapter for screening for lead poisoning.]]> Tue, 05 May 2026 14:08:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142905 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC SERVICE COMMISSION.

This Act requires that meetings of the Public Service Commission be livestreamed virtually and requires that members of the public have the opportunity to comment virtually. ]]> Tue, 05 May 2026 14:08:27 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143081 Delaware Senate - Out of Committee Legislation AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

This Act restricts State and local law-enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, institutions of higher education, places of worship, or health-care facilities except in exigent circumstances. This Act is a substitute for and differs from House Bill No. 94 and House Substitute 1 for House Bill No. 94 by simply prohibiting direct participation by law-enforcement in civil enforcement proceedings unless an exigent circumstance exists, rather than requiring the permission of the Attorney General. If law-enforcement does participate in such an activity because of an exigent circumstance, a report must be submitted to the Police Officer Standards and Training Commission and the Department of Safety and Homeland Security within 48 hours. These reports are to be aggregated in a biannual report and delivered to the General Assembly.]]> Tue, 05 May 2026 14:07:35 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142879 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRISONS AND PRISONERS.

This Act prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. This Act does not apply to § 6533 of Title 11 relating to outside employment and work release.]]> Tue, 05 May 2026 14:07:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142957 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO FIRST RESPONDERS.

This Act creates a definition of “first responder” in Chapter 31 of Title 20, pertaining to emergency management. Currently, the term is referenced, but it is not actually defined, creating potential uncertainty about who qualifies as a first responder in this context. This Act defines a first responder as a federal, state, or local law enforcement officer, firefighter, emergency medical services personnel member, hazardous materials response team member, 911 dispatcher, emergency manager, or other individual who is responsible for the protection and preservation of life or property and who is called on to respond to emergencies. This Act is a substitute for Senate Bill No. 234 and differs from Senate Bill No. 234 in that it adds a definition of “law enforcement officer” to clarify which law enforcement personnel are included in the definition of “first responder” and makes minor technical corrections to the definition of “first responder”.]]> Tue, 05 May 2026 12:54:32 -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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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