| SS 1 for SB 251 | Committee | Richardson | Like Senate Bill No. 251, this Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act.
Senate Substitute No. 1 for Senate Bill No. 251 differs from Senate Bill No. 251 as follows:
• The definitions section is moved to § 1790A of Title 24 and the legislative findings section is moved to § 1790 of Title 24.
• Revises the definition of “nonviable” by clarifying that “nonviable” means the condition will result in the death of the unborn child upon birth or shortly thereafter and that “nonviable” does not include conditions with which the child may survive outside of the uterus with medical treatment.
• The prevention of the mother’s death is the only exception to performing an abortion without determining the probably post-fertilization age of a fetus in a medical emergency or to performing an abortion of an unborn child capable of feeling pain. Under SB 251, there were also exceptions in both situations if the abortion is necessary to avert a serious health risk to the unborn child’s mother.
• Makes corresponding changes to the definitions for Subchapter IX of Chapter 17 of Title 24.
• Changes the due date for the first report required under § 1794A of Title 24 from June 30, 2026, to June 30, 2027.
• Removes the severability provision because § 308 of Title 1 makes any provision in the Code severable, so that the invalidity of a provision does not affect provisions that can be given effect without the invalid provisions.
This Act also makes corresponding changes to § 1702 of Title 24, technical corrections to SB 251, and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN. |
| HB 375 | Committee | Morrison | This Act updates and modernizes Delaware law regarding birth certificates, death certificates, driver’s licenses, identification cards, and marriage license applications, licenses, and certificates (government documents) as follows:
• Establishes uniform gender designations.
• Provides uniform requirements when an individual seeks to change their gender designation.
• Protects the privacy of records related to a change of an individual’s gender designation.
• Revises existing law regarding marriage licenses and certificates to reflect current practices and to clarify current procedures.
Under existing law, people can change their gender designation on these government documents. However, only the Office of Vital Statistics (OVS) can amend marriage certificates and the requirements to change gender on these government documents are only in regulations. These existing regulations require certification from a medical or social service provider certifying the individual’s true gender identity and do not explicitly keep the original documents and information submitted in support of the change confidential.
Specifically, this Act does all of the following in Sections 1 through Section 6 of this Act:
• Establishes, for these government documents, that “sex” or “gender” may be designated by “F” for female, “M” for male, or “X” for unspecified. Unspecified designates a gender identity that is not female or male.
• Allows an individual to change their gender designation without a court order or certification from a medical or other service provider.
• Allows a parent to amend the parent’s gender designation and name on their child’s birth certificate.
• Creates procedures so that people can amend marriage certificates through either OVS or the county clerk of the peace that issued the marriage license. These procedures require that OVS and the clerk of the peace share the amended certificate with the other office, using the existing electronic records system.
• None of the documents or records under this Act are public records. This Act adds strengthened protections that prohibits the release of a request to change gender, and previous versions of the amended government document, unless the following specific requirements are met:
For birth certificates and marriage certificates, information related to the change of gender and the previous birth certificate may only be released if the request meets the requirements for the release of records of healthcare services under § 3928 of Title 10 and § 611 of Title 29. Section 3928 of Title 10 prohibits a court from ordering the release of records related to healthcare services requested by another state related to a criminal violation of a law if the healthcare services are legal in Delaware. In addition, § 611 of Title 29 prohibits a state or local government agency from releasing information in response to inquiries concerning the lawfulness of healthcare services that is related to healthcare services that are lawful in this State.
For driver’s licenses and identification cards, information related to the change of gender, including previous photos and names on these documents, may only be released if the request is for a permissible use of personal information. In addition, if the request is from another state, there must be a demonstrated legitimate public safety need for the information that would be necessary to obtain a valid court order in Delaware. Before releasing gender change information to a person in another state, the individual making the request must provide a signed affidavit acknowledging their responsibility to protect this information and agreement that the information will only be used for the legitimate public safety need that is the basis for the request.
In addition, Sections 7 through Section 12 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and updates existing law to conform to modern procedures as follows:
• Revises Chapter 1 of Title 13 and Chapter 31 of Title 16 to eliminate duplicative and conflicting provisions.
• Transfers the requirements for the information required in a marriage license application from Title 13 to Title 16, because under existing law in Title 16, OVS is responsible for creating all forms related to marriage.
• Creates separate terms for marriage license applications, marriage licenses, marriage certificates, and the background information provided at the time of the application for a marriage license. It clarifies that a marriage license becomes a marriage certificate when the officiant and both witnesses sign the form after the marriage is performed. These changes are necessary because existing law uses the term “marriage license” when referring to both the license required to get married and the certificate documenting that the marriage was performed.
• Clarifies that only individuals with authority under Title 12 may obtain a certified copy of death certificate from OVS.
• Align the existing privacy protections under § 305 of Title 21 with the strengthened protection in Section 6 of this Act.
This Act is effective immediately but has a delayed implementation date for all of the following:
• The Department of Health and Social Services (DHSS) and the Department of Transportation (DelDOT) to adopt the necessary regulations and forms.
• DelDOT, DHSS, and the clerks of the peace to make necessary changes to computer systems. | AN ACT TO AMEND TITLE 13, TITLE 16, AND TITLE 21 OF THE DELAWARE CODE RELATING TO GOVERNMENT RECORDS. |
| HB 361 | Committee | S. Moore | 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. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SALARIES AND WORKING CONDITIONS OF SCHOOL EMPLOYEES. |
| HB 362 | Committee | Berry | This Act clarifies that penalties associated with section 4512 of Title 21, relating to truck parking, are applicable to parking violations in both residence and non-residence districts. This Act further clarifies that truck tractors (with and without attached trailers) may be prohibited from stopping, standing, or parking on highways in the same manner as trailers and semitrailers. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRUCK PARKING. |
| HB 363 | Committee | Berry | This Act changes the statutory speed limit for residential districts to 20 miles per hour. This Act provides a 5-year window for signage to be updated. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS. |
| HS 2 for HB 151 | Committee | Gorman | House Substitute No. 2 for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in; (4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of.
This House Substitute is different from House Bill No. 151 in the following ways:
(1) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility.
(2) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility. It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028.
This Substitute makes technical corrections to Section 3 of House Substitute No. 1 for House Bill No. 151. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES. |
| HB 359 | Committee | Neal | This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party.
This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil. | AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS. |
| SB 277 | Committee | Hoffner | This Act establishes comprehensive protections and reasonable accommodations for pregnant and parenting students in all Delaware schools receiving state approval and financial assistance.
This Act provides the following protections:
1. Mandatory excused absences: Schools must excuse absences for labor, delivery, prenatal and postnatal appointments, and up to 5 days for pregnancy related illness. It also mandates 6 weeks of excused leave following childbirth. It provides coverage for absences related to a child’s illness or legal proceedings involving the child.
2. Physical and environmental accommodations: The Act requires school to provide private and secure lactation rooms as well as physical modifications to learning environments like increased desk sizes, access to elevators or modified transportation schedules.
3. Academic flexibilities: Students are entitled to schedule modifications, including altered course sequences, remote learning options, extensions of time, or rescheduling of examinations.
4. Academic protections: A student may not incur an academic penalty for utilizing these accommodations. Following an absence, the school must allow the student to make up work in a timeframe at least equal to the duration of the absence and the same options make up the work that are provided to other students with standard illnesses
5. Documentation and privacy: Schools are generally prohibited from requiring medical documentation to excuse absences or grant accommodations except where explicitly noted. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ATTENDANCE AND ACCOMMODATIONS FOR PREGNANT AND PARENTING STUDENTS. |
| SB 278 | Committee | Paradee | This Act requires that the Department of Health and Social Services (DHSS) regulations for Purchase of Care (POC), this state's child care assistance program, provide authorization for a child care provider a child will attend during the summer at any time after January 1 because current regulations do not provide authorization for summer care early enough for families to enroll children in summer camps before camps are full.
This requirement is consistent with existing POC regulations that allow families to have 2 child care providers if child care is needed at different hours or locations or in the event the primary provider is unavailable. Existing POC regulations also allow families to interrupt their child care assistance with a break during the summer without requiring reapplications for care when school resumes in September.
In addition, this Act requires that parent copayments be based on whether the child receives assistance for a full or half day of child care and codifies the following POC policies in existing regulations:
• Parent copayments are determined based on household size and income.
• Children in the custody of the Department of Services for Children, Youth and their Families are eligible for POC assistance.
This Act is effective immediately because under § 10113 of Title 29, amendments that make existing regulations consistent with changes in basic law are exempt from the procedural requirements under the Administrative Procedures Act.
This Act also adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE ASSISTANCE. |
| SS 1 for SB 262 | Committee | Hoffner | Kratom is an herb derived from a leafy Southeast Asia tree, known formally as Mitragyna speciosa. Kratom contains two psychoactive compounds, mitragynine and 7-hydroximitragynine. Both compounds can bind to opioid receptors in the brain and produce a pharmacological response similar to the effects of other opioids, such as morphine, and can lead to addiction. An estimated 11 to 15 million Americans consume Kratom regularly.
According to a 2025 study by the Legislative Analysis and Public Policy Association, 24 states and the District of Columbia regulate kratom or its components in some manner. In six states (Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin) and the District of Columbia, kratom’s psychoactive components are considered controlled substances. In 18 states, the possession, sale, manufacture, etc. of kratom products is regulated.
A Center for Disease Control analysis found that kratom was implicated in 846 fatal overdose cases across 30 states and the District of Columbia in 2022. Other reports suggest over 2,000 fatal overdoses have been linked to kratom since 2021.
This Act amends Delaware’s Uniform Controlled Substances Act. The Act defines “Kratom” and “Kratom Products”. The Act makes it unlawful to manufacture, distribute, sell, offer to sell, or possess with intent to sell a Kratom Product.
This Substitute differs from the original bill in that it fits kratom into the Uniform Controlled Substances Act by specifying tier quantities for drug offenses that result in the classification of the charge under the existing criminal framework. It moves to the definition of "kratom products" any product that contains the active ingredients of kratom, regardless of whether the product is represented, labeled, or marketed as “kratom” or not. It removes criminal charges for simple possession by an individual, and it clarifies that manufacturing, selling, or delivery of kratom or similar products is subject to criminal charges under this chapter. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT. |
| SB 279 | Committee | Poore | This Act clarifies the pay schedule for school-based occupational therapists. Due to varying program lengths, such as accelerated programs, and the different methods of how colleges and universities award credits, it is challenging to accurately and equitably determine the appropriate lane on the salary schedule for school-based occupational therapists. This Act creates a uniform baseline for school-based occupational therapists on the salary schedule in a manner similar to other school-based clinicians such as audiologists and speech-language pathologists. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. |
| SB 280 | Committee | Townsend | Scams and fraud related to gift cards are rapidly becoming a major issue in the United States. The Federal Trade Commission reported more than 41,000 gift card fraud reports or $212 million in losses in 2024 with the final numbers for 2025 expected to be similar. With advancements in technology, these scams are becoming increasingly sophisticated and consequential for consumers.
This Act sets forth the definitions and elements of crimes related to gift card theft. It establishes that a person is guilty of gift card theft if one of the following criteria is true (with the intent to defraud):
1. Acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller.
2. Alters or tampers with a gift card or the packaging in which it is offered for sale.
3. Devises a scheme to obtain a gift card or gift card redemption information that has been obtained in violation of paragraph (b)(1) or (2) of this section or as a result of a scheme described in paragraph (b)(3) of this section.
4. Uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained in violation of paragraph (b)(1) or (2) of this section or as a result of a scheme described in paragraph (b)(3) of this section.
Lastly, this Act establishes that gift card theft is punishable under § 841(c) and § 841(d) of Title 11. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT. |
