| SB 141 w/ SA 1 | Signed | Walsh | This bill allows auction houses that are licensed by the Delaware Office of the Alcoholic Beverage Control Commissioner to auction spirits, so long as the spirits being auctioned are not made available for sale in any licensed facility or store. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| SB 233 w/ SA 1 | Passed | Townsend | This Act requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF ICE AND SNOW FROM VEHICLES. |
| SA 1 to SB 233 | Passed | Townsend | This Amendment to Senate Bill No. 233 exempts farm tractors and farm vehicles from the requirements of the Act. “Farm tractor,” in this context, has the same definition as that term is defined in § 101 of Title 21 and includes motor vehicles designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. “Farm vehicle” means a vehicle registered as a farm vehicle exempt from inspection pursuant to § 2113 of Title 21. “Farm tractor” and “farm vehicle” do not include vehicles that are registered as farm trucks, semitrailers, or trailers pursuant to § 2113 of Title 21; such vehicles are not exempt from the requirements of the Act. | |
| SB 274 | Passed | 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 400 w/ HA 2 | Signed | Harris | This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees will take effect on August 1, 2026, however changes to the partnership, limited partnership, and limited liability company annual tax and changes to the annual tax on registered series of limited partnerships and limited liability companies will take effect on January 1, 2026.
This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of a tax levied by the State.
| AN ACT TO AMEND TITLE 5, TITLE 6, TITLE 8, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FEES AND TAXES ADMINISTERED BY THE SECRETARY OF STATE. |
| SB 279 | Passed | 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. |
| HS 1 for HB 370 w/ HA 1 | Signed | Harris | This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later.
Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.”
The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity.
DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer.
The duties of DEFAC are as follows:
(1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary.
(2) Serve in a general advisory capacity to the Governor and Department of Finance.
(3) Advise the Governor, Secretary of Finance, and Legislative Council on:
(a) The overall financial condition of the State of Delaware.
(b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries.
(c) The tax policy of the State and the impact of federal tax policies.
(4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures.
(5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures.
(6) Perform other duties and responsibilities imposed upon it in the Delaware Code.
(7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly.
This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee.
Under this Act, state agencies must provide DEFAC financial and staffing support. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ECONOMIC & FINANCIAL ADVISORY COUNCIL TO BE KNOWN AS THE DUPONT-COOK FINANCIAL RESPONSIBILITY ACT. |
| SA 1 to SB 141 | Passed | Walsh | This amendment aligns Delaware law with other state statutes that permit 12 auctions per calendar year and do not distinguish between in-person and online auctions. | |
| HCR 123 | Passed | Neal | This Concurrent Resolution celebrates Homeschool Awareness Month in May 2026 and aims to demonstrate how homeschooling can be a better option than regular schooling for many children. | CELEBRATING HOMESCHOOL AWARENESS MONTH IN MAY 2026. |
| HCR 124 | Passed | Neal | This Concurrent Resolution commends the 2026 Delaware Educational Support Professional of the Year, Donna Ward, and all of the District/Charter Network Educational Support Professionals of the Year. | COMMENDING DONNA WARD REPRESENTING THE LAUREL SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR FOR 2026 AND COMMENDING EACH SCHOOL DISTRICT AND CHARTER NETWORK’S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR. |
| HCR 127 | Passed | Griffith | This House Concurrent Resolution recognizes and commends Children & Families First for its extraordinary and enduring contributions to the children and families of Delaware during National Foster Care Awareness Month and Mental Health Awareness Month in May 2026. | RECOGNIZING CHILDREN & FAMILIES FIRST DURING NATIONAL FOSTER CARE AWARENESS MONTH AND MENTAL HEALTH AWARENESS MONTH IN MAY 2026. |
