| SB 292 | Committee | Hansen | This Act requires that when all or part of the tenant’s rent is paid from a state fund for reentry services, a landlord must assist the tenant in completing a discharge plan to attempt to provide a warm handoff before terminating the tenant’s lease. This Act also closes a loophole in existing law that allows unlicensed or uncertified operators of residential housing to claim exemption from the Residential Landlord-Tenant Code, including the procedural requirements for an eviction.
Existing laws prohibit someone from losing their housing without notice because
• A landlord must comply with the notice and judicial procedure under the Residential Landlord-Tenant Code, Part III, Title 25.
• Licensed health care providers must provide discharge planning before an individual is required to leave a residential treatment program under § 1127, § 5161, and § 3004J of Title 16.
• Certified recovery homes must make a reasonable effort to connect a resident with appropriate services when terminating the resident’s admission agreement under § 2206A of Title 16.
Section 1 of this Act closes a loophole in current law that allows some landlords to claim their tenants are excluded under § 5102(1) of Title 25 from the protections required before eviction under the Residential Landlord-Tenant Code without being required to provide discharge planning or connecting the resident with appropriate services. This Act revises 3 of the exclusions by using the modern terms and where possible, the applicable licensing law for this State, to prevent housing providers from claiming exclusion from the Residential Landlord-Tenant Code even if the provider is not licensed or certified to provide services. This Act does not apply to or revise the exclusions to the Residential Landlord-Tenant Code under paragraphs (4) through (6) of § 5102 of Title 25, including the existing exclusion for certified recovery houses.
Section 2 of this Act creates new requirements under § 5512A of Title 25 if all or part of a tenant’s rent is paid using money from a State reentry fund. Before or with the first payment, the person responsible for payments from the fund must provide the landlord with an explanation of these requirements, contact information, and the model discharge plan. The Department of Health and Social Services (DHSS), in consultation with the Department of Justice (DOJ), must create a model discharge plan. Then, before terminating the tenant’s lease, the landlord must assist the individual in creating a discharge plan that includes shelter or housing and provide notice that the tenant’s lease is being terminated as follows:
• To the person making rent payments from the fund.
• If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law enforcement agency.
If a landlord fails to comply with the discharge planning and notice requirements, the landlord is debarred from receiving payments from any State reentry fund for 1 year. If the landlord is receiving payments from a State reentry fund for any other tenants, those tenants are not responsible for the share of the rent that was paid by the fund and have the option to do any of the following:
• Continue the tenancy without payments from the fund. If the tenant chooses to continue their tenancy, the amount of their rent becomes the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement.
• Terminate the lease immediately.
• Terminate the lease with 30 to 60 days notice.
These requirements are enforceable by the Department of Justice and also by the Justice of the Peace Court, because the contents of an eviction complaint must include a brief statement of compliance with the requirements under § 5512A(c) and copies of all required notices.
Section 3 of this Act is a technical clarification to clarify that “this Code” and “Landlord-Tenant Code” both refer to the Residential Landlord-Tenant Code under Part III of this title. Both “this Code” and “Landlord-Tenant Code” are used throughout Chapter 51 through Chapter 59 of Title 25 as abbreviations of the Residential Landlord-Tenant Code and under § 101 of Title 1, “this Code” could also refer to the entire Delaware Code.
Section 4 of this Act makes the new requirements for reentry funds under § 5512A of Title 25 applicable to the rental of single rooms in owner-occupied buildings under § 5512 of Title 25. Section 4 also reorganizes the existing language in § 5512 because as 1 sentence, the current language is difficult to understand.
This Act takes effect 6 months after enactment to provide time for DHSS and DOJ to develop the model discharge plan and for agencies, including the Department of Correction and local law enforcement agencies, to develop policies and procedures necessary to implement and respond to notification under these requirements. The new requirements under § 5512A of Title 25 apply to rental agreements entered into on or after the effective date of this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is known as “The Grace Peterson Act”. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE LANDLORD-TENANT CODE. |
| HCR 118 | Committee | Carson | This Concurrent Resolution encourages the Department of Veterans Affairs (Department) to explore and make recommendations on the feasibility of establishing a veteran’s cemetery in Kent County, Delaware, and to submit a report containing those recommendations no later than January 1, 2027. | ENCOURAGING THE DEPARTMENT OF VETERANS AFFAIRS TO EXPLORE THE POSSIBILITY OF ESTABLISHING A VETERAN’S CEMETERY IN KENT COUNTY, DELAWARE. |
| HA 1 to HB 328 | PWB | Minor-Brown | This Amendment delays the effect of the changes to § 1134(a)(6), Title 29 until July 1, 2027, to allow time for the implementation of the necessary technological updates. | |
| HA 1 to HB 280 | PWB | Chukwuocha | This amendment to House Bill No. 280 makes explicit that the notation for a nonapparent disability on a driver’s license or identification card should be a butterfly. It also requires the Division of Motor Vehicles to consult with disability advocacy groups regarding public outreach on the availability of the nonapparent disability designation. | |
| HA 1 to HB 135 | PWB | Phillips | This Amendment makes the following changes to HB 135:
1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness.
2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property.
3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present.
4. Clarifies that a public space does not include private property.
5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools.
6. Clarifies that a public space is not a space that requires a permit, license, or registration to access.
7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness.
8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities.
9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness. | |
| HB 386 | Committee | Hilovsky | This Act establishes the Tipped Worker Tax Relief Act of 2026 to provide targeted state income tax relief to resident and nonresident tipped workers in Delaware. It creates a deduction of up to $15,000 on qualified tips and converts it to a refundable credit for low-income resident earners. The program sunsets in 2029 unless renewed after review. This legislation promotes fairness, supports workforce retention in small business community, and addresses affordability challenges without new taxes or mandates on employers. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX DEDUCTION OR CREDITS APPLICABLE TO QUALIFIED TIP INCOME. |
| HB 387 | Committee | Hilovsky | This Act temporarily addresses Delaware's childcare crisis by gradually increasing Purchase of Care eligibility from 200% to 275% FPL over 5 years starting July 1, 2026, reducing benefit cliffs and supporting moderate-income families. It includes a sunset clause expiring June 30, 2031, to allow evaluation and ensure fiscal sustainability, with annual reporting on impacts. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE SUBSIDIES TO INCREASE ELIGIBILITY THRESHOLDS OVER FIVE YEARS. |
| HB 384 | Committee | Berry | This Act amends the Delaware Code to allow open-end contracts for highway construction or reconstruction for up to five (5) years. This Act is intended to conform Delaware’s procurement statutes to the time limits permitted for contracts by the Federal Highway Administration (FHWA) and still ensure that adequate security is maintained to cover all bids and ongoing work. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OPEN-END CONTRACTING FOR HIGHWAY CONSTRUCTION AND RECONSTRUCTION. |
| HB 388 | Committee | Morrison | This Act seeks to address the undue burden placed on individuals who are required to surrender their driver's license due to a medical condition. Under current law, individuals must physically surrender their license, often during already traumatic circumstances, and are then, in some cases, required to purchase a separate identification card to maintain a valid form of ID during the suspension period. This Act allows a medically disqualified individual to retain the individual's physical driver’s license for identification purposes by signing an affidavit acknowledging the individual is prohibited from operating a motor vehicle. This approach balances public safety with compassion, streamlines administrative processes, and eliminates unnecessary costs for affected individuals.
This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE LOSS OF DRIVERS' LICENSES DUE TO MEDICAL ISSUES. |
| SB 294 | Committee | Cruce | This Act makes full-time students attending post-secondary education for an associate or baccalaureate degree eligible for child care assistance.
This Act also adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31 and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE ASSISTANCE FOR FULL-TIME POST-SECONDARY EDUCATION. |
| SS 1 for SB 161 | Committee | Pinkney | This Act revises Delaware law governing behavioral health treatment provider organizations by establishing a comprehensive statutory framework governing licensing, oversight, enforcement, client rights, provider duties, incident reporting, and investigations relating to behavioral health treatment services. The Act consolidates and modernizes statutory provisions governing behavioral health treatment oversight and clarifies the Division of Substance Abuse and Mental Health's authority to license programs, investigate incidents, and enforce compliance with this chapter.
This Act is a substitute for and differs from Senate Bill No. 161 by doing all of the following:
(1) Expands the definition of the protection and advocacy system to reference all applicable federal protection and advocacy statutes.
(2) Revises the client rights provisions by reorganizing and clarifying the rights framework, adding rights related to discharge planning and continuing care, clarifying the standard for permissible limitations on client rights, including a requirement that any limitation be for the shortest duration feasible, and revising the standard governing the use of restrictive intervention to align with existing Delaware law.
(3) Expands standing to enforce client rights to include clients and their authorized representatives in addition to the Attorney General and the protection and advocacy system.
(4) Adds a savings clause clarifying that nothing in this Act abrogates the rights and requirements applicable to long-term care facilities under Chapter 11 of Title 16.
(5) Adds elopement to the definition of incident for purposes of the incident reporting requirements.
(6) Modifies the provisions relating to the protection and advocacy system by expanding the system's access authority to reference all applicable federal and State law, adding a requirement that the Division notify the protection and advocacy system no more than 72 hours after receiving a report of a client death, authorizing staff to make discretionary reports to the protection and advocacy system, and extending anti-retaliation protections to staff who report to or cooperate with the protection and advocacy system.
(7) Adds a framework for the confidentiality of incident reports and investigation records while authorizing the Division to publish aggregate, de-identified information regarding incidents and trends across the behavioral health system.
(8) Adds an injunctive relief pathway allowing the Department to seek a temporary restraining order in the Court of Chancery when a provider organization's activities create an imminent risk of substantial harm to clients.
(9) Updates language throughout to reflect current person-centered terminology consistent with the preferences of the disability community.
(10) Makes technical and conforming changes for clarity and consistency.
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 any inferior court of this State. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. |
| SA 1 to SB 259 | Passed | Poore | This amendment adds definitions for the terms “modified” and “renovated”. This amendment also adds an effective date of February 1, 2027. | |
| SB 295 | Committee | Poore | This Act adds definitions to update the scope of practice for aestheticians. The current scope of practice does not encompass the actual services that aestheticians are educated and trained to perform. This Act provides clarity to professionals and the public as to what treatments are permissible and specifies that an aesthetician’s ability to perform treatments is subject to meeting training requirements and manufacturer directions. Finally, the Act adds language, which was previously repealed, to state that licenses must be displayed at the place of business or available for inspection upon request. An apprentice license must be displayed at the apprentice’s workstation.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO AESTHETICIANS. |
| HB 392 | Committee | Ross Levin | 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.
| AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO NONPROFIT ORGANIZATIONS AND THE PROHIBITION OF PARTISAN POLITICAL ACTIVITIES. |
| HB 394 | Committee | Neal | This Act establishes a prohibition on the sale of energy drinks or caffeinated dietary supplements to minors. This Act does not prohibit a minor from possessing or consuming energy drinks or caffeinated dietary supplements.
The Division of Public Health will be responsible for enforcement of this Act. A dealer who violates this provision will be: (1) issued a warning for the first offense; (2) fined no more than $50 for a second offense occurring not more than 1 year after the first; and (3) fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense.
This Act takes effect 1 year after enactment. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS. |
| HB 390 | Committee | Morrison | This Act clarifies that the agencies may, in their discretion, determine the methodology to be used for bid submission, including limiting bidding to solely electronic submissions. This Act allows for electronic bidding to be conducted through a platform of the agency’s choice. Where electronic bidding is identified as the sole manner of bidding, the agency is not required to provide an anchor location for public attendance at the bid opening. The agency is then required to provide the results of the bidding in real time via an electronic remote hosting platform of the agency’s choosing. The agency must post the results of the solicitation to their website within two (2) business days. Additionally, this Act clarifies that a newspaper advertisement is not required if advertisement is submitted to the electronic procurement advertising system defined in § 6902(12) of this title. Finally, this Act clarifies that the agency and awarded bidder may mutually consent to extend the time limit for contract award.
| AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ELECTRONIC SUBMISSION OF BIDS AND BID OPENINGS FOR ELECTRONIC BIDDING. |
| HB 396 | Committee | Neal | This Act requires retail food establishments in the State with at least 20 locations globally, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted drinks that contain high caffeine in the same font size as prices listed on the menu with an explanation of these symbols, and provide this same content to third party platforms that display menu information.
This Act exempts alcoholic, coffee, and tea beverages as well as bar establishments.
The Department of Health will first issue a warning. If the retail food establishment does not cure the violation after receiving the warning, a fine of not more than $50 shall be assessed for a first violation, and not more than $100 for each subsequent violation. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS. |
| HS 2 for HB 284 | Committee | Yearick | This Act doubles the childcare and dependent care expense tax credit for resident households with federal adjusted gross income of less than $60,000 and makes that credit refundable, and differs from HS 1 by clarifying the credit is for residents only (as is the case currently), and corrects the means test of federal adjusted gross income threshold for taxpayers filing "joint" and "married filing separate combined" at $60,000. For all others, the tax credit remains unchanged. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE CHILD CARE AND DEPENDENT CARE EXPENSE TAX CREDIT. |
