Daily Report for 5/13/2025

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 79CommitteeWilsonThis Act creates a right to free legal counsel for certain relatives seeking to terminate parental rights and adopt a child in the relative’s family who has been in the custody of the Department of Services for Children, Youth and Their Families (“Department”). The right to free legal counsel applies at all stages of the termination of parental rights proceedings, including any appeals. This Act also requires the Department or a licensed agency with which the Department contracts to prepare and file the social study and report required as part of the termination of parental rights and adoption proceedings at no cost to the relative. To qualify for free legal counsel, all of the following must be true: 1. The petitioner must be a relative of the child. Relative means as defined in § 1101 of Title 13. 2. The petitioner has guardianship of the child who is the subject of the termination of parental rights and adoption petitions. 3. The guardianship order was entered in favor of the petitioner when the child was in Department custody and is in effect throughout the termination of parental rights and adoption proceedings. 4. The petitioner filed the guardianship petition that resulted in the guardianship order on or after July 1, 2026. 5. The Family Court determines that the petitioner is indigent. This Act is a substitute for and differs from Senate Bill No. 79 in 2 ways. First, it adds an indigency requirement that the petitioner must meet to qualify for free legal counsel in termination of parental rights and adoption proceedings. Second, it provides that free legal counsel for guardians seeking termination of parental rights and adoption is only available if the underlying petition for guardianship of the child is filed on or after July 1, 2026, when this Act goes into effect.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCEEDINGS.
SB 135CommitteeBucksonThis bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view applications for grants-in-aid and to develop and recommend to the Joint Finance Committee the grants-in-aid appropriations bill.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GRANTS-IN-AID.
HA 1 to HS 1 for HB 105PWBRoss LevinThis amendment provides that where a job opportunity is covered by a collective bargaining agreement (CBA), the compensation or compensation range disclosed in a notification should be one that has been agreed upon for disclosure in the CBA itself. The section becomes applicable to postings for opportunities covered by a CBA only when the CBA is amended, modified, or renewed after the effective date of the Act, to give the parties opportunity to consider the disclosed range in the course of negotiating a CBA. The amendment also provides that an employer is not liable for job posting that are digitally replicated and published without the employer’s consent. This amendment also makes a technical correction. 
SB 140CommitteePettyjohnThis Act prohibits the Department of Natural Resources and Environmental Control from promulgating rules and regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.
SCR 72PassedHuxtableThis resolution designates May 15, 2025, as "Global Accessibility Awareness Day" in the State of Delaware, affirms the importance of making the internet and technology accessible to all, and encourages expanded efforts to keep Delaware residents properly informed about the need for equitable digital access and inclusion.DESIGNATING MAY 15, 2025, AS “GLOBAL ACCESSIBILITY AWARENESS DAY” IN THE STATE OF DELAWARE.
SA 2 to SB 81PassedLockmanThis Amendment provides clarity that credit for years of experience begins at the date of completion and approval of an application to the employer.  
SA 1 to SB 106StrickenBucksonThis Amendment changes the date that school districts and charter schools must post their adopted cell phone policies online from August 1, 2025, to September 1, 2025.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 43SignedMorrisonThis bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS.
SB 63 w/ SA 1Veto OverriddenWalshChapter 35 of Title 19 prohibits an employer from improperly classifying an individual who is an employee as an independent contractor. Not only is this improper classification unfair to employees because it violates state and federal laws related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation, it is also unfair to contractors who comply with Chapter 35 and these other employment laws. When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35. This Act makes a general contractor responsible for a subcontractor’s compliance with Chapter 35 by making the general contractor jointly and severally liable for restitution and penalties assessed against the subcontractor. This Act also allows the Department to deny, suspend, or revoke the certificate of registration of a contractor who contracts with a subcontractor who has not registered on any project. In addition, Section 3 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
SB 71SignedSeigfriedThis Act creates a special open enrollment period for persons who are already enrolled in a Medicare supplement policy or certificate to cancel their existing policy or certificate and purchase another Medicare supplement policy or certificate that provides the same or lesser benefits. Only persons who are already enrolled in a Medicare supplement policy or certificate are eligible for the special open enrollment period. The special enrollment period begins 30 days before an eligible person's birthday and remains open for at least 30 days following the eligible person's birthday. During this special open enrollment period, individuals switching from one Medicare supplement policy to another cannot be denied coverage and coverage and rates cannot be dependent upon the person’s medical history. The Act also obligates issuers to notify eligible persons who are enrolled in their Medicare supplement policies or certificates of the dates of the open enrollment period, at least 30 days before it begins, and of any modification to the benefits provided by the policy under which the person is currently insured. This Act also allows persons enrolled in a Medicare Advantage plan to cancel their existing policy, enroll in Medicare during the annual Medicare open enrollment period and apply for a Medicare supplement policy. For individuals switching from Medicare Advantage to a Medicare supplement policy, the Act prohibits issuers of Medicare supplement policies from denying applications for such policies but does allow issuers to individually rate and apply a pre-existing condition limitation. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MEDICARE SUPPLEMENT POLICIES.
SB 72 w/ SA 1SignedBrownThis Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs. There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines. Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water. This Act takes effect 90 days after its enactment into law. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC DRINKING WATER SYSTEMS.
SS 1 for SB 62SignedSturgeonLike Senate Bill No. 62, Senate Substitute No. 1 for SB 62 clarifies that state agencies, including public schools, may enter into agreements to trade in or sell materiel other than vehicles, including computer technology, by making the following technical changes to § 7002 of Title 29: • Transferring the current provision allowing agencies to trade in or sell materiel other than vehicles from § 7002(e) to paragraph § 7002(a)(3). • Transferring definitions of terms from § 7002 to the definitions section for this chapter, § 7001 of Title 29. • Revising long, confusing sentences by referencing paragraphs in § 7002 instead of repeating the content of those paragraphs. • Conforming existing law to the standards of the Delaware Legislative Drafting Manual. Senate Substitute No. 1 for SB 62 differs from SB 62 by making additional technical corrections and clarifications.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY.
SB 107SignedSturgeonThis Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State. The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS.
SB 122SignedHuxtableThis Act supports critical health care workforce research and planning efforts by giving the Division of Public Health and the Delaware Health Care Commission the ability to obtain comprehensive workforce-related data from the Division of Professional Regulation. It requires the Division of Public Health’s Office of Healthcare Provider Resources to collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to determine what data should be collected from health care providers during the licensing and renewal process to assist the Division of Public Health with workforce research and planning. This Act also directs the Division of Professional Regulation to collect health care workforce-related data during the licensing or renewal processes. The data collected will be for purpose of health care workforce research and planning and will not include personal information such as personal financial information. The health care provider licensing process provides a rich opportunity for this State to obtain information it needs to ensure that its health care workforce is equipped to meet the needs of Delaware residents. Collecting data with the goal of informing health care workforce research and planning is a common practice nationwide, with at least 28 states collecting health care workforce data as part of the licensing process. Such data will fill crucial gaps in the Division of Public Health’s ability to understand health care workforce needs and develop policies and programs aimed at meeting them. As is currently the case, health care workforce data collected by the Division of Professional Regulation may only be used for official state business. This Act provides that official state business includes the following purposes specific to health care workforce research and planning: 1. Identifying and tracking data related to Health Professional Shortage Areas (HPSAs), Maternity Care Target Areas (MCTAs), and Medically Underserved Areas and Populations (MUA/Ps), and other initiatives identified by the United States Department of Health and Human Services. 2. Health care workforce research and planning. 3. Understanding issues related to supply, demand, distribution, and use of health care workers. 4. Informing health care workforce policy. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE WORKFORCE PLANNING.
SS 1 for SB 109SignedPinkneyThis Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania. This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A SOCIAL WORK LICENSURE COMPACT.
SS 1 for SB 101SignedPooreThis Act is a substitute for Senate Bill No. 101. It makes no substantive changes to Senate Bill No. 101 other than substituting the synopsis language from the prior bill for the new synopsis, as follows: This Act resolves a conflict between the Uniform Controlled Substances Act which requires an in-person examination to prescribe controlled substances for treatment of Opioid Use Disorder (OUD) and Delaware's telehealth regulations, the Telehealth Access Act which does not require an in-person examination. This bill connects and clarifies the two regulations by modifying the "patient-practitioner relationship" definition in Chapter 47, Title 16, the Uniform Controlled Substances Act, to include a practitioner treating OUD via telemedicine with Schedule III through V medication. The guardrails included in this short addition include: limiting the medication to only Schedule III through V, which has been approved by the FDA for the treatment of OUD and citing to the thorough requirements for establishing a provider-patient relationship under Section 6003 of Title 24, the 2021 Telehealth Access Act, which addresses requirements such as standard of care, medical record keeping, consent, and medical board oversight.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.
SA 1 to SB 63PassedWalshThis Amendment clarifies that a general contractor is not subject to debarment for a subcontractor's violations. 
SA 1 to SB 72PassedBrownThis Amendment provides that if the U.S. Environmental Protection Agency (“EPA”) adopts an MCL that is lower than an MCL established by this Act, the lower MCL established by the EPA will become the MCL for this State. This Amendment also changes the effective date of Senate Bill No. 72 from 90 days after enactment to January 15, 2026.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 38 w/ HA 1 + SA 1SignedK. WilliamsThis Act requires an institution of higher education that receives funding from this State to keep and provide records for an elected or appointed official who is employed by the institution of higher education. The University of Delaware and Delaware State University are to comply with this Act for employees who are paid in whole or in part with State funds. If the State Auditor finds that an institution of higher education is knowingly in violation of this Act, the State Auditor may impose an administrative penalty on the institution of higher education and shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO KEEP AND PROVIDE RECORDS AS PART OF THE GOVERNMENTAL COMPENSATION POLICY SUBCHAPTER.
SB 69SignedBucksonThis Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.
SCR 63PassedLockmanThis resolution designates May 7, 2025, as “Plastic Free Lunch Day” in Delaware to recognize student-led efforts to reduce plastic waste in schools and promote environmental sustainability.RECOGNIZING MAY 7, 2025, AS “PLASTIC FREE LUNCH DAY” IN THE STATE OF DELAWARE.
SCR 68PassedCruceThis resolution recognizes May 12, 2025, as "Nemours Founders Day" in the State of Delaware.RECOGNIZING MAY 12, 2025, AS "NEMOURS FOUNDERS DAY" IN THE STATE OF DELAWARE.
SCR 71PassedLockmanThis resolution recognizes May 13, 2025, as "LYTE Day" in Delaware to honor the work of Leading Youth Through Empowerment and its impact on Delaware students and families.RECOGNIZING MAY 13, 2025, AS "LYTE DAY” IN THE STATE OF DELAWARE IN HONOR OF LEADING YOUTH THROUGH EMPOWERMENT’S DEDICATION TO ADVANCING EDUCATIONAL EQUITY AND YOUTH LEADERSHIP.
SCR 70PassedPooreThis Senate Concurrent Resolution recognizes May 13, 2025, as Delaware Local Government Day in the State of Delaware.RECOGNIZING MAY 13, 2025, AS DELAWARE LOCAL GOVERNMENT DAY IN THE STATE OF DELAWARE.

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Environment, Energy & Transportation
Executive
Finance
Health & Social Services
Housing & Land Use
Judiciary
Labor

House Committee Assignments

Committee
Administration
Education
Elections & Government Affairs
Natural Resources & Energy
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Economic Development/Banking/Insurance & Commerce
Education
Housing
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records