http://www.legis.delaware.gov/ Legislation Out of Comittee with the State of Delaware en-us Tue, 09 Jun 2026 13:01:57 -0400 https://legis.delaware.gov/BillDetail?legislationId=143472 Delaware Senate - 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. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident. All schools must develop policies and procedures to implement the requirements of this Act. ]]> Wed, 01 Jul 2026 02:59:59 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143679 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE REGULATION OF HEMP PRODUCTS.

House Substitute No. 2 for House Bill No. 401 establishes "The Delaware Hemp Regulation Act" under Title 4 of the Delaware Code to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products (HDCPs) in the State. It authorizes the Office of the Marijuana Commissioner (OMC) to issue retail licenses for off-premises consumption of HDCPs. The Act implements age-verification requirements, limiting access to individuals 21 years of age or older, and mandates security and zoning standards for all licensed premises. Furthermore, it requires all HDCPs to undergo potency and contaminant testing by accredited laboratories and establishes strict labeling requirements to prevent products from appealing to children. To ensure compliance, the Act empowers the Division of Alcohol and Tobacco Enforcement (DATE) and the OMC to conduct inspections and provides for the immediate embargo or destruction of noncompliant products. This Act imposes a 6% excise tax on the retail sales of all HDCPs. The Act takes effect immediately and must be implemented within one year of enactment or upon the publication of final regulations by the OMC. 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. House Substitute No. 2 for House Bill No. 401 incorporates all of the changes from House Substitute No. 1 and House Amendment No. 1 to House Substitute No. 1: (1) restricts the servings per container to 10; (2) prohibits the display of graffiti, cartoon and animal references, and bubble letters on the exterior of HDCP retailers; (3) increases the license cost to $15,000; (4) strikes language referencing local control: (5) requires out-of-state manufacturers to have a Delaware business license; (6) adds a minimum distance requirement between HDCP retail establishments; (7) adjusts the showing an HDCP must make regarding for how long and how much of their business has been in HDCP retail prior to this Act; (8) adds explicit administrative enforcement authority for DATE; (9) adds language requiring a national background check in addition to a Delaware background check; (10) adds a new section to address Division of Revenue enforcement powers and collection authority; (11) specifies that HDCPS must be tested by an accredited lab that has not been specifically disapproved by DATE; (12) raises the retail tax rate from 6 to 9%; (13) specifies that tax receipts under this Act will be held separately from other State funds; and (14) specifies that the Act will sunset on the effective date of a certain amendment to Section 297A of the Agricultural Marketing Act of 1946. House Substitute No. 2 also provides that all start-up and first year costs for the implementation of the Delaware Hemp Regulation Act will be drawn from the Marijuana Regulation Fund. Likewise, revenues collected under this Act will be deposited into the Marijuana Regulation Fund to cover the costs and expenses of Division of Revenue, Office of the Marijuana Commissioner, and the Division of Alcohol and Tobacco Enforcement related to this chapter. Under existing statutory language, revenue in the Marijuana Regulation Fund that exceeds certain operation expenses and other statutory purposes reverts to the General Fund.]]> Tue, 30 Jun 2026 12:44:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143680 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE INNOVATING DELAWARE ACT.

This Substitute for House Bill 211 creates the Innovate Delaware Program. This Program allows an Economic Development Organization to apply for a tax credit program through the Division of Small Business. This Substitute also lowers the cap on appropriations to support the tax credit program from 10 million to 3 million dollars in a calendar year.]]> Tue, 30 Jun 2026 12:44:48 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143562 Delaware House - Out of Committee Legislation <div>AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.<br><br>Like the original bill, Senate Substitute 1 for Senate Bill 314 modernizes the Rape Shield provisions in Title 11 of the Delaware Code, §§ 3508 and 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence. This Senate Substitute differs from the original in that it establishes a separate procedure under § 3508(b) of Title 11 to address prior false accusations of unlawful sexual conduct by the complaining witness, providing a distinct set of standards for handling the unique issues surrounding this type of evidence.</div> Tue, 30 Jun 2026 10:57:39 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143668 Delaware House - Out of Committee Legislation DIRECTING DELMARVA POWER AND LIGHT COMPANY, THE STAFF OF THE DELAWARE PUBLIC SERVICE COMMISSION, AND THE DELAWARE DIVISON OF THE PUBLIC ADVOCATE TO CLOSELY EXAMINE THE NON-MANDATORY INVESTMENT BUDGET CONTAINED IN DELMARVA'S DRAFT INFRASTRUCTURE, SAFETY AND RELIABLITY PLAN.

This Concurrent Resolution directs Delmarva Power & Light Company to reconsider the non-mandatory investments identified in its draft Infrastructure, Safety, and Reliability Plan for 2026–2028 and to reduce the forecasted 2027 non-mandatory budget by approximately 20% and the forecasted 2028 non-mandatory budget by approximately 25%. This Concurrent Resolution further calls on Delmarva Power to voluntarily adjust its interim rate implementation and to present a rate deferral mechanism to Public Service Commission Staff and the Public Advocate for discussion. ]]> Tue, 30 Jun 2026 10:57:11 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143418 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO FAIR HOUSING AND DISPARATE IMPACT LIABILITY.

This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent. The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework: 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative. The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required. The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law. This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law. ]]> Wed, 24 Jun 2026 15:30:09 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143625 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROTECTING FIRST RESPONDERS.

This Act makes it a crime for any person to either cross a marked barrier established by a first responder, or, after receiving a warning not to approach from a first responder who is engaged in the lawful performance of a legal duty, to violate the warning and approach or remain within 25 feet of the first responder, with the intent to do any of the following: (1) Impede or interfere with the first responder’s ability to perform the first responder’s legal duty. (2) Threaten the first responder with physical injury, serious physical injury, or death. For purposes of this Act, a first responder means a law-enforcement officer, volunteer or paid firefighter, emergency medical technician, paramedic, or fire police officer.]]> Wed, 24 Jun 2026 12:41:14 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143029 Delaware House - 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, 24 Jun 2026 12:41:02 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143615 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

This House Substitute for House Bill No. 453 prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase. While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling. This Substitute differs from the original bill by adding a definition of electronic shelving labels and provides language that protects loyalty programs. It also carves out financial services and credit to align with federal regulations, changes the language used for location-based data, discounts for service interruptions, removes the term “risk-relevant data”, and provides a safe harbor provision with an opportunity to cure and a sunset date. Finally, this Substitute also includes a severability clause and an effective date of January 1, 2027.]]> Thu, 18 Jun 2026 13:13:04 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143016 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 2, TITLE 9, TITLE 19, AND TITLE 30 OF THE DELAWARE CODE RELATING TO SUPPORT FOR FEDERAL WORKERS AFFECTED BY A GOVERNMENT SHUTDOWN.

This Act provides the following support for federal workers during a government shutdown: (1) In Section 1 of this Act, interest free loans to provide financial assistance. (2) In Section 2 of this Act, free transportation on public transit. (3) In Sections 3 through 6 of this Act, deferral of certain State, county, and school tax filings, payments, and collections.]]> Wed, 17 Jun 2026 17:50:23 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143541 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.

This Act is a Substitute for House Bill No. 440. Like House Bill No. 440, this Substitute Act is the first leg of an amendment to the Delaware Constitution to authorize the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly. This Substitute Act also provides that constitutional amendments must be limited to a single subject, expressed in the bill’s title, like other bills enacted by the General Assembly (Section 16 of Article II of the Delaware Constitution). This Substitute Act differs from House Bill No. 440 as follows: (1) By making technical corrections. (2) By keeping in the Constitution the amount of time before the general election that the General Assembly must disseminate notice to the public regarding the proposed constitutional amendment. This Substitute Act does not make any additional substantive changes to House Bill No. 440. 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, 17 Jun 2026 17:49:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143575 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX DEDUCTION OR CREDITS APPLICABLE TO QUALIFIED TIP INCOME.

This Act establishes the Tipped Worker Tax Relief Act to provide targeted state income tax relief to tipped workers in Delaware. It creates a subtraction from income of up to $15,000 of qualified tips. The program sunsets the end of 2029 unless renewed. This legislation promotes fairness, supports workforce retention in the small business community, and addresses affordability challenges without new taxes or mandates on employers. ]]> Wed, 17 Jun 2026 16:21:37 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142892 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AGAINST PUBLIC ORDER.

Like House Bill No. 272, this Substitute creates the new crime of "interference with reproductive health services or exercise of religion”, which is based on a substantially similar federal law (18 U.S.C. § 248). The Superior Court is vested with jurisdiction over criminal prosecutions of this offense. This Substitute for House Bill No. 272 adds clarification by defining “place of worship”. This Substitute also replaces the phrase “discourage any person from obtaining or providing reproductive health services” with “seek to persuade any person with respect to a reproductive health choice or the provision of reproductive health services.” Finally, this Substitute adds language modeled on the similar federal law to clarify that nothing in this law (1) prohibits expressive conduct, including peaceful picketing or demonstration, that is protected under either the U.S. or Delaware Constitution, (2) creates new remedies for interference with activities protected by the free speech or exercise clauses or limit any existing legal remedies for such interference, nor (3) provides exclusive criminal penalties or civil remedies with respect to conduct prohibited under this law.]]> Wed, 17 Jun 2026 15:30:06 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143144 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ORGANIZATION AND OPERATION OF THE JUSTICE OF THE PEACE COURTS.

This Act updates the Code to reflect the current needs and court operations of the Justice of the Peace Court. This Act increases the number of the justices of the peace in Kent County, which will be the only State County where 24-hour hearings will take place, and reduces the number of justices in other counties. This Act also reduces the number of courts in New Castle County, excluding Wilmington, from 5 to 3 and in Sussex County from 5 to 4.]]> Wed, 17 Jun 2026 11:47:51 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143274 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO RESTAURANT RETAILER LICENSE REQUIREMENTS AND LICENSE FEES.

This Act raises the monthly deduction on taxable gross receipts allowed by restaurants from $100,000 to $250,000. Accordingly, the quarterly deduction allowed for restaurants with gross receipts of no more than 1.5 million in the previous year is increased from $300,000 to $750,000.]]> Tue, 16 Jun 2026 16:16:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143400 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO TELECOM INFRASTRUCTURE.

This Act removes the cap on the amount of tax a county or municipality can levy on poles, wires, cable and conduit for distribution of telephone communication services. 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 municipal charter, whether directly, by amendment to a specific municipality's charter, or, as in this Act, indirectly, by a general law. ]]> Thu, 11 Jun 2026 14:05:25 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143024 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROJECT LABOR AGREEMENTS FOR SCHOOL DISTRICT PUBLIC WORKS CONTRACTS.

This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.]]> Wed, 10 Jun 2026 15:22:41 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143018 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.

This bill protects small businesses in Delaware by preserving lottery retailers’ role in iLottery. This bill requires iLottery players to purchase prepaid cards at physical stores to enable their online play. In 2012, the General Assembly adopted the Delaware Gaming Competitiveness Act of 2012, HB 333 of the 146th General Assembly, establishing iLottery in Delaware. To support small businesses, the General Assembly included a provision of that law that required online players to purchase prepaid cards in physical retail stores. However, over a decade later, the Delaware Lottery Commissioner launched an iLottery program that does not uphold this protective provision. This bill updates the iLottery program to reflect the original intent of the law. This Act also makes technical changes to conform to the Legislative Drafting Manual.]]> Tue, 09 Jun 2026 19:06:32 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=142572 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSING.

Like House Bill No. 204, this Substitute establishes a dedicated Child Care Complaint Investigation Unit within the Office of Child Care Licensing, under the Department of Education, to enhance timely, transparent, and accountable responses to complaints involving licensed child care providers. This Substitute deletes a duplicative requirement contained in House Bill No. 204 for the Child Care Complaint Investigation Unit, specifies that the Unit must coordinate with the Department of Children, Youth, and Family Services rather than the Division of Family services within that Department, and clarifies that the annual public report prepared by the Unit must comply with applicable privacy laws and regulations. This Substitute also requires that, like House Bill No. 204, the Department of Education use existing staff and resources for the Unit, but further specifies that the staff must be reclassified and salaries aligned with the schedule set forth in section 1305 of Title 14. This Substitute changes the implementation date contained in House Bill No. 204 from 90 days to 180 days. ]]> Tue, 09 Jun 2026 19:05:28 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143428 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 in Delaware, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted or energy drinks that contain high caffeine. The caffeine symbol must be in the same font size as prices listed on the menu and there must be an explanation of the symbol.  This information must also be provided on a third-party platform that displays menu information.  This Act exempts alcoholic beverages. The Department of Health will notify the applicable retail food establishments of any violations and promulgate rules for investigation and enforcement of this chapter. ]]> Thu, 04 Jun 2026 13:35:46 -0400 153 https://legis.delaware.gov/BillDetail?legislationId=143403 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 "contains" some kind of biological material that was collected as part of a criminal investigation or may reasonably be used to incriminate or exculpate any person for an offense. The State may destroy evidence that is likely to contain biological evidence 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 is likely to 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 presume that the results of the postconviction DNA testing would have been exculpatory to the petitioner, and impose other appropriate sanctions and order appropriate remedies. If the court determines that the failure to produce evidence was the result of negligence or non-willful destruction, it may provide the appropriate recourse, including ordering a postconviction hearing; at the hearing, presume that the results of the postconviction DNA testing would have been exculpatory 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 2 years after its enactment into law. This Act differs from Senate Bill No. 214 in that it revises the definition of biological evidence to include evidence that is likely to contain biological material; requires the State to preserve evidence in a manner consistent with best practices at the time of collection, that prevents contamination, degradation, or reduction of any biological material contained on the evidence; provides that the State may not destroy evidence that is likely to include any biological evidence before the expiration of a certain time period or unless certain conditions are satisfied; and provides examples of remedies that the court may order if the court determines that a failure to produce evidence was the result of intentional and willful destruction or of negligence or non-willful destruction; and takes effect 2 years after enactment, rather than 30 days.]]> Thu, 04 Jun 2026 12:22:40 -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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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=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