DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 197

AMEND Senate Bill No. 197 on line 63 by inserting “ and bulbs, ” between “ annuals ” and “ within ”.

FURTHER AMEND Senate Bill No. 197 between lines 71 and 72 by inserting the following therein:

“ (e)(1) If an agency cannot purchase a plant under this section, the agency may not accept a donation of that plant.

(2) This section applies to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitation of existing landscaped areas.

(3) Notwithstanding paragraph (e)(2) of this section, an agency may maintain plantings that cannot be purchased under this section if the planting was established before January 1, 2026. ”.

SYNOPSIS

This Amendment clarifies all of the following:

1. Agencies may purchase bulbs, in addition to flowering annuals, for use within landscape beds.

2. This Act applies to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitation of existing landscaped areas.

3. Agencies may maintain plantings that cannot be purchased under this Act if the planting was established before January 1, 2026.

This Amendment also clarifies that if an agency cannot purchase a plant under this Act, the agency may not accept a donation of that plant, such as under an agreement between the Department of Transportation and a third party.

Author: Senator Hansen