| SA 1 to HB 168 | PWB | Poore | This Amendment removes House Amendment No. 1 from House Bill No. 168. | |
| SA 1 to SB 9 | PWB | Hansen | This amendment makes a technical addition to expressly notify the Code Revisors that redesignation is needed with this bill. | |
| SB 274 | Committee | Pinkney | Enacted in 2015, Chapter 25A of Title 16, the Delaware Medical Orders for Scope of Treatment Act created a voluntary process and a document that can used by patients with serious illness or frailty to provide direction to emergency care personnel regarding the patient's preferences in regard to scope of care and treatment.
This Act changes the name "Delaware Medical Orders for Scope of Treatment (DMOST)" under Chapter 25A of Title 16 to "Delaware Portable Orders for Life-Sustaining Treatment (POLST)" to align with the national effort to create a uniform form. This Act contains a savings provision so that the name change under this Act does not affect the validity or effect of DMOST forms.
This Act also revises Chapter 25A of Title 16 as follows:
• Repeals requirements that conflict with the national model law regarding a patient’s ability to limit the future authority of the patient’s authorized representative to modify the orders in the patient’s POLST form.
• Allows any health-care practitioner authorized under Chapter 25A of Title 16 to complete a POLST form to find that a patient lacks sufficient decision-making capacity to execute a POLST form. Under existing law, all practitioners who are licensed and authorized to write medical orders under Title 24 may complete POLST forms but only physicians can determine that a patient lacks sufficient decision-making capacity to execute a POLST form. This change is consistent with the capacity provisions under Chapter 25 of Title 16, the recently enacted Uniform Health-Care Decisions Act.
• Requires that a health-care practitioner document their finding that a patient lacks decision-making capacity in the patient’s medical record.
• Clarifies the existing requirement that a patient’s authorized representative may not execute a POLST form for a patient unless the patient’s lack of decision-making capacity is documented in the patient’s medical record.
Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding name changes to other Code sections that reference the DMOST form. In § 2718(c)(5) of Title 21, the name for an advance health-care directive under Chapter 25 of Title 16 is also corrected. | AN ACT TO AMEND TITLE 16 AND TITLE 21 OF THE DELAWARE CODE RELATING TO DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT. |
| HB 336 | Committee | Dukes | This Act amends the Charter of the Town of Laurel by authorizing the Town to borrow money from any federal, state, local government, or quasi-government funding source provided such funding: (i) bears no interest on the principal, (ii) requires no principal payments by the Town, and (iii) provides for complete forgiveness (100%) of the principal. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE POWER TO BORROW MONEY AND ISSUE BONDS. |
| HB 345 | Committee | Cooke | This Act removes the requirement that the name and residence of each person that applies for a license to carry a concealed deadly weapon be published in a newspaper. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO APPLICATIONS FOR LICENSES TO CARRY CONCEALED DEADLY WEAPONS. |
| HA 1 to HB 313 | PWB | K. Williams | This Amendment removes the provision that states that DSCYF students are not included in unit counts under Chapter 17 of Title 14 because there are some circumstances where DSCYF students may be included. | |
| HA 1 to HB 267 | PWB | K. Williams | This Amendment to House Bill No. 267 removes the mid-year reporting requirement, although the removal of the mid-year reporting does not diminish the importance of reviewing mid-year data at the local level. It also adds "Longitudinal data analysis for each district and charter school of the data collected in the October 31 and June 30 submissions" to the annual reporting requirements of the Department of Education. Finally, it makes the annual report from the DOE due on or before August 30th , rather than December 31st. | |
| HB 338 | Committee | Gorman | This Act clarifies that individual, group, and blanket health insurance carriers must provide for and pay for services (including immunizations) that were recommended by the Advisory Committee on Immunization Practices of the Center for Disease Control (CDC) and the comprehensive guidelines supported by the Health Resources and Services Administration (HRSA) that were in effect as of January 1, 2025. They must also cover immunizations that were supported by national clinical guidelines or national standards of care in effect on January 1, 2025.
To that end, this Act removes provisions that permit carriers to deny coverage for these items or services simply because they are not currently recommended by the Advisory Committee on Immunization Practices of the CDC and the comprehensive guidelines supported by the HRSA. This Act also removes obsolete United States Preventative Task Force provisions related to breast cancer screening from 2009. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARRIER COVERAGE OF IMMUNIZATIONS AND PREVENTIVE SERVICES. |
| HB 339 | Committee | Romer | This Act permits a staff member for the public body to be present at an anchor location in lieu of a member of the public body. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO VIRTUAL MEETINGS. |
| HB 351 | Committee | Cooke | This Act makes it a crime to knowingly manufacture, sell, offer to sell, transfer, or possess a vehicle security circumvention device, or to aid or permit another to use a vehicle security circumvention device. This Act also requires individuals to report a lost or stolen vehicle security circumvention device to a law enforcement agency within 48 hours of becoming aware of the loss or theft.
This Act does not include a special penalty as the Chapter already provides a penalty for misdemeanors, which includes a fine not less than $28.75 nor more than $115, or imprisonment not less than 30 days nor more than 90 days, or both. Additionally, for each subsequent offense the person shall be fined not less than $115 nor more than $230, or imprisoned not less than 90 days nor more than 6 months, or both.
This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
| AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE SECURITY CIRCUMVENTION DEVICES. |
| HB 349 | Committee | Carson | This Act modifies the eligibility standard from 100% disability to 80% disability or greater for veterans to qualify for the credit against school taxation on qualified property and corrects a typographical error.
Section 1917 of Title 14 currently appears in 2 versions in the Code because an unrelated change in the statute will occur in 2028. This Act therefore contains both versions of the Code to indicate the intention that the change made by this Act will persist through the unrelated 2028 scheduled statutory change. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISABLED VETERANS' SCHOOL TAX CREDIT. |
| HB 344 | Committee | Morrison | This Act clarifies and streamlines the disclosure and enforcement provisions of Delaware’s campaign finance laws. Among other things, this Act does the following:
(1) Requires a political committee to submit written documentation of all loans provided to the committee and requires that proceeds of a loan are deposited into the committee’s account within 3 business days.
(2) Prohibits candidates from charging interest on personal loans to a candidate committee.
(3) Requires political committees to retain records for 5 years, rather than 3 years.
(4) Requires the State Election Commissioner to provide the Division of Civil Rights and Public Trust (within the DOJ) with a monthly list of alleged violations of campaign finance laws and further clarifies that the Division must investigate and prosecute violations of campaign finance laws.
(5) Expands the 1-time extension permitted for filing tardy reports from 24 hours to 48 hours after the reporting deadline.
(6) Requires the Division of Civil Rights and Public Trust to submit an annual report of its activity to the Governor and the General Assembly.
(7) Authorizes the Commissioner to create regulations relating to political committee audits.
(8) Requires the Commissioner to create a mandatory biennial training program for candidates and treasurers.
(9) Prohibits political committees from engaging in campaign finance activities 30 days after the issuance of a citation if the citation has not been resolved in that time.
| AN ACT TO AMEND TITLES 15 AND 29 OF THE DELAWARE CODE RELATING TO CAMPAIGN FINANCE. |
| HB 355 | Committee | Morrison | The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment.
Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION. |
| HB 350 | Committee | Neal | This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program.
The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations.
Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code. | AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO HOMESCHOOL STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITIES. |
| HB 346 | Committee | Morrison | This Act updates Delaware laws relating to Sexually Transmitted Disease (STD) prevention and control, much of which are outdated and do not reflect current research and medical practice. To that end, this Act does the following:
(1) Clarifies that Sexually Transmitted Infections (STIs) are to be treated in the same manner as STDs.
(2) Removes the requirement that reportable STDs be reported to DPH within 1 working day.
(3) Repeals the provision permitting the Director of DPH to examine a person suspected of being infected with an STD and to order that person to isolate or quarantine.
(4) Repeals the provision relating to apprehending, committing, mandating treatment, and quarantine of an infected person.
(5) Repeals the provision permitting the Director to bring an action in the Justice of the Peace Court when a person suspected of having an STD presents an imminent danger to public health.
(6) Removes the provisions concerning the DOC and DPH isolating or quarantining persons with suspected or known STDs.
(7) Provides that health care providers must provide STD and STI testing, but that a pregnant person may refuse testing. Documentation of refusal must be retained in the patient’s medical record along with documentation of test counseling.
(8) Repeals the provision permitting a DPH investigator without a medical license to withdraw blood for test purposes.
(9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SEXUALLY TRANSMITTED DISEASE PREVENTION AND CONTROL. |
| HB 360 | Committee | Snyder-Hall | 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. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES AND REPORTING PERIODS. |
| HB 356 | Committee | Burns | This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for an establishment engaged in the distribution of crude petroleum and petroleum products, provided that the establishment applies to DNREC for an exemption. The exemption may not exceed 1 year and the establishment must report on progress being made to transition to firefighting foam that does not contain PFAS. If an exempt establishment uses foam containing PFAS chemicals, they must notify DNREC within 5 business days.
Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers for firefighting foam containing intentionally added PFAS chemicals. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology.
A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 civil penalty for a second, or subsequent offense.
Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. |
| HB 348 | Committee | Phillips | This Act updates the electric vehicle rebate program administered by the Department of Natural Resources and Environmental Control in light of changes to federal policies and market forces affecting electric vehicle deployment. The bill provides the Department with additional flexibility to set rebate amounts and improve programmatic offerings. The bill also allows enhanced rebates for an eventual program targeting lower income families. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES. |
| HB 358 | Committee | Heffernan | This Act provides guidelines for Delaware schools in addressing elopement of students with IEPs and 504 Plans. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident and requires that, once a year, the student’s IEP or 504 team review and address a student’s elopement behavior to determine if the IEP or 504 Plan should be adjusted. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL. |
| HB 364 | Committee | Harris | This Act creates a film production tax credit. It requires companies to obtain, at their own expense, an independent audit certifying eligible expenditures. The audit must be submitted to the Division of Small Business for approval and allocation of credits. The credit is nonrefundable, transferable, and may be carried forward for up to 5 years. The credit may be applied against personal income tax, corporate income tax, bank franchise tax, and insurance premiums tax. All credit transfers must be approved by the Division of Small Business. This Act further authorizes necessary data sharing among agencies. Applicants and transferees consent to disclosure of credit amounts by virtue of applying or receiving a transfer. This Act also grants regulatory authority to the Division of Small Business and the Secretary of State to administer the annual credit cap; prioritize and manage awards; and issue reports relating to awards and utilization with input from relevant state agencies. The Division of Small Business may create alternative audit procedures for small businesses where a full audit would be prohibitively expensive. This Act sunsets on June 30, 2031, and no applications may be submitted after that date. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO A DELAWARE ENTERTAINMENT PRODUCTION TAX CREDIT. |
| HA 1 to HB 261 | PWB | K. Williams | This Amendment clarifies that out of district transportation for nonpublic schools must be provided in accordance with the IDEA, Section 504 of the Rehabilitation Act, or any other State or federal law. | |
| HB 365 | Committee | Harris | This Act establishes a Commission on Indigenous Affairs to advance and protect the interests of the Indigenous population of Delaware. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE DELAWARE INDIGENOUS AFFAIRS COMMISSION. |
| HB 357 | Committee | Ross Levin | This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”. This language change is a technical change to conform existing law to the standards of the Delaware Legislative Drafting Manual.
In addition, this Act clarifies that § 503 of the Title 13, relating to the duty to support a person unable to financially support oneself (formerly “poor person”), includes the duty to a support an adult child with a disability that cannot support oneself. This duty is articulated in H. v. V., 2018 Del. Fam. Ct. LEXIS 4, where the Family Court found that a parent of a 22 year-old adult child diagnosed with severe autism was statutorily obligated to provide support to the adult child. | AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. |
| SB 275 | Committee | Poore | This Act updates and clarifies the Underground Utility Damage Prevention and Safety Act (UUDPSA), which dates from the mid-1990s.
Specifically, the Act clarifies the obligations of facility owners and facility operators, which the Act defines as the person or entity that owns, operates, or controls an underground or submerged conductor, pipe, or structure used to provide electric or communications service, or an underground or submerged pipe used to carry, provide, or gather gas, oil, sewage, water, or other liquid service. Under the Act, in addition to their existing obligations under the UUDPSA, facility owners and facility operators must respond to requests from an excavator concerning the location of their facilities within 3 business days after receipt of the request, and must provide information to the excavator via the Owner/Operator/Excavator Information Exchange System, which is an interactive system that facilitates communication for that purpose.
In addition, "designers," meaning an architect, engineer, or other person who prepares or issues a drawing for a construction or other project requiring excavation or demolition work, are required to meet with a facility owner or facility operator who requests more information on the scope of a project and to make reasonable efforts to prepare construction drawings in a way that avoids damage and minimizes interference with facilities in the construction area.
"Excavators," meaning any person proposing to engage in excavation or demolition work, must ascertain the location and type of facilities by contacting the Owner/Operator/Excavator Information Exchange System, and may not begin excavation until a positive response code of "clear" or "no conflict" or "marked" is received from each facility owner or facility operator through the Owner/Operator/Excavator Information System. In the event of an emergency that the excavator discovers or creates, the excavator must immediately notify the occupants of the premises, and, in the event of damage to a facility by the excavator resulting in the escape of a flammable, toxic, or corrosive gas or liquid, or other event that poses a danger to life, health or property, the excavator must immediately notify 911 and the facility owner or facility operator. The excavator is required to exercise due care and take all reasonable steps to avoid injury or interference with facilities, and, in the case of a complex project, to meet with the facility owner or facility operator or their agents before construction begins.
The Utilities Service Protection Center of Delmarva, Inc. is required to provide for the approved notification center that, among other things, receives and records information regarding the location of facility owners' and facility operators' facilities within the State and notice by excavators and designers of intended excavation and demolition activity and notifies facility owners and facility operators of the information received from excavators and designers.
A facility owner's or facility operator's failure to perform an act required under the UUDPSA is subject to a civil penalty of up to $1 million, for violations that result in a death; up to $500,000 for violations causing damage to a structure, and up to $100,000 for all other violations. For all violations other than those resulting in death or damage to a structure, the Public Service Commission of Delaware may determine that training provided by the approved notification center may be substituted in lieu of a civil penalty. The imposition of a civil penalty does not prevent any party from obtaining civil damages for personal injury or property damage in a private action. Civil penalties will be used by the approved notification center for public awareness programs, training and education programs for members and violators of the UUDPSA, improvements to the approved notification center, or to reduce the cost to members of the approved notification center.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY ACT. |
