| HB 219 | Signed | Phillips | This Act designates "Diwali Day" as a ceremonial day to be commemorated appropriately annually in Delaware. | AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO DIWALI DAY. |
| HB 352 | Signed | Griffith | This Act continues the practice of amending periodically the Delaware Limited Liability Company Act (the “LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LLC Act.
Section 1 of this Act amends § 18-101(2) of the LLC Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LLC Act.
Section 2 of this Act amends § 18-215(a) of the LLC Act to confirm that (i) a limited liability company agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 18-215(a) does not restrict a limited liability company with series from merging, converting or consolidating pursuant to any section of the LLC Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series.
Section 3 of this Act provides that the amendments to the LLC Act take effect on August 1, 2026. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIMITED LIABILITY COMPANY ACT. |
| HB 353 w/ HA 1 | Signed | Griffith | This Act continues the practice of amending periodically the Delaware General Corporation Law (“DGCL”) to keep it current and maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the DGCL.
Section 1. Section 1 of this Act confirms that if a certificate of incorporation includes a provision that “opts out” of the class vote specified in § 242(b)(2) of Title 8 to increase or decrease the number of shares of a class of stock authorized for issuance, including a provision that requires the affirmative vote of the holders of a majority of the stock (or a majority of the votes of such stock) entitled to vote, that “opt out” will not be deemed an express provision that has the effect of “opting out” of the default provisions of § 242(d). Instead, § 242(d) will apply unless the § 242(b)(2) “opt out” expressly states that the corporation is not governed by § 242(d)(1) or (2), or the § 242(b)(2) “opt out” provision specifies a greater or additional vote to increase or decrease the authorized number of shares of 1 or more classes of stock.
Section 2. Section 2 of this Act amends § 275 of Title 8, which addresses the dissolution of a corporation. New § 275(h) provides that the authority and responsibilities of the registered agent of the corporation terminate at the time the dissolution of the corporation becomes effective, except with respect to service of process that the registered agent has received before that time. New § 275(i) establishes procedures for the Secretary of State to accept service of process for a dissolved corporation after the dissolution has become effective. The amendments to § 275(d) and (f) require a corporation to include in its certificate of dissolution an agreement that the dissolved corporation may be served with process in the State by service to the Secretary of State in accordance with the Secretary of State’s rules and regulations.
Section 3. Section 3 of this Act amends § 312(j) of Title 8, which addresses the revival of the certificate of incorporation of a nonstock corporation if the certificate has become forfeited or void. The amendments delete reference to actions taken by members of a nonstock corporation who are entitled to vote on a dissolution of the corporation. The provisions of § 312(j), when read together with § 312(h), contemplates member action only to elect persons to the governing body of the corporation if there are no such persons then in office to revive the corporation. Because no action by members entitled to vote on a dissolution is required for revival, the reference to these members is being deleted. In addition, because no member action is required to revive a corporation if there are persons then serving on the governing body of the corporation, amended § 312(h) also clarifies that member action will be taken for a revival only “if any” member action is necessary.
Section 4. Section 4 of this Act provides that this Act takes effect on August 1, 2026.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the general corporation law. | AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW. |
| HB 354 | Signed | Griffith | This Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LP Act.
Section 1 of this Act amends § 17-101(1) of the LP Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LP Act.
Section 2 of this Act amends § 17-202 of the LP Act to allow a limited amendment of a certificate of limited partnership to be made by a person who has ceased to be a general partner of the limited partnership but is shown on the certificate of limited partnership as a general partner. The certificate of amendment shall state only (i) the name of the limited partnership, and (ii) that the person has ceased to be a general partner of the limited partnership. Because the amendment has the effect of amending the information required to be set forth in a certificate of limited partnership by § 17-201(a)(3) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner. This Section also amends § 17-202(c)(2) of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-202(d) of the LP Act, § 17-202(c)(2) applies any time a person has ceased to be a general partner of a limited partnership and not just upon a withdrawal of a general partner.
Section 3 of this Act amends § 17-204(a)(2) of the LP Act, which addresses execution of certificates of amendment and certificates of correction. Because Section 2 of this Act amends § 17-202 of the LP Act to allow a former general partner to file a certificate of amendment of a certificate of limited partnership in certain circumstances, this Section amends § 17-204(a)(2) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-202(d) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-202(d) of the LP Act. This Section also amends § 17-204(a)(9) of the LP Act, which addresses execution of certificates of amendment of certificates of registered series and certificates of correction of certificates of registered series. Because Section 6 of this Act amends § 17-221 of the LP Act to allow a person who was formerly a general partner associated with a registered series to file a certificate of amendment of a certificate of registered series in certain circumstances, this Section amends § 17-204(a)(9) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-221(d)(6) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-221(d)(6) of the LP Act.
Section 4 of this Act amends § 17-207 of the LP Act, which addresses liability for materially false statements in any certificate authorized to be filed by this chapter. Subchapter IX of the LP Act was previously amended to clarify that certain documents filed in the office of the Secretary of State with respect to a foreign limited partnership may be executed by any person authorized to execute the document on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). This Section amends § 17-207 of the LP Act to clarify that § 17-207 of the LP Act applies to any person who executed a certificate pursuant to subchapter IX of this chapter (whether or not such person is a general partner of the foreign limited partnership).
Section 5 of this Act amends § 17-218(a) of the LP Act to confirm that (i) a partnership agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 17-218(a) does not restrict a limited partnership with series from merging, converting or consolidating pursuant to any section of the LP Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series.
Section 6 of this Act amends § 17-221(d) of the LP Act to allow a limited amendment of a certificate of registered series to be made by a person who has ceased to be a general partner associated with the registered series but is shown on the certificate of registered series as a general partner associated with the registered series. The certificate of amendment shall state only (i) the name of the limited partnership, (ii) the name of the registered series, and (iii) that the person has ceased to be a general partner associated with the registered series. Because the amendment has the effect of amending the information required to be set forth in a certificate of registered series by § 17-221(d) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner associated with the registered series. This Section also amends § 17-221(d)(5)b. of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-221(d)(6) of the LP Act, § 17-221(d)(5)b. applies any time a person has ceased to be a general partner associated with a registered series and not just upon a withdrawal of a general partner associated with a registered series. This Section also makes certain clarifying amendments of § 17-221 of the LP Act to change the word “of” to the words “associated with”.
Section 7 of this Act amends § 17-902(1) of the LP Act to provide that the statement required to be included in an application for registration as a foreign limited partnership shall be made by the person who signs the application (whether or not such person is a general partner of the foreign limited partnership).
Section 8 of this Act provides that the amendments to the LP Act take effect on August 1, 2026. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM LIMITED PARTNERSHIP ACT. |
| SB 292 | Signed | 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. |
| SB 303 | Signed | Sturgeon | Under Senate Concurrent Resolution No. 201 (152nd General Assembly) and House Concurrent Resolution No. 2 (153rd General Assembly), the Public Education Funding Commission (Commission) has studied how to improve Delaware's public education funding policies so that public school funding is equitable and appropriated in a manner that allows public schools, including both school districts and charter schools, to not only spend all money that is appropriated but to do so in a manner that best meets the needs of the students in each school. This Act implements the Commission’s recommendation that the Public Education Funding Commission be established as a permanent body.
As set forth in Senate Bill No. 302 (153rd General Assembly), the Commission recommended that the General Assembly enact what is known as the hybrid formula. The hybrid formula combines elements of the current funding calculations with a weighted needs-based approach that provides additional funding for students who receive career and technical education or special education services, who are multilingual learners, and who live in low-income households.
Codified, the Commission will have a crucial role in implementing and maintaining the benefits of the hybrid model by continually reviewing the hybrid model, including the amounts of the required weights, if school spending of state appropriations complies with the applicable requirements, and making recommendations for improvements. The continual review of public education funding by the Commission will allow adjustments to be made on a gradual and incremental basis as needed. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION FUNDING COMMISSION. |
| SB 302 | Signed | Sturgeon | This Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027.
The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system.
The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized. | AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO PUBLIC EDUCATION FUNDING. |
| SB 307 | Signed | Huxtable | This Act gives Delaware’s Public Service Commission (“Commission”) the authority to designate a telecommunications provider or reseller as an eligible telecommunications carrier (“ETC”) for the purpose of providing Lifeline services. Lifeline is a Federal Communications Commission (“FCC”) program that helps make phone and internet services more affordable for low-income consumers. Approximately 8,700 Delawareans participate in Lifeline.
Currently, the determination of which telecommunications services companies can operate as Lifeline ETCs in Delaware is made by the FCC. This Act shifts that authority to the Commission, and in doing so, brings Delaware into line with nearly every other state in the nation. The reason for this nationwide trend is that in the past 15-20 years, the FCC has stopped taking action on approving ETCs for Lifeline on behalf of states. The FCC is not opposed to states stepping into this gap, but Delaware cannot do so absent statutory changes. By giving the Commission the authority to designate Lifeline ETCs, this Act will allow additional Lifeline providers to support this State’s residents. Because the FCC handles the administration and expenses of the program, there is no cost to the State as a result of taking on this authority.
This Act takes effect immediately, but implementation is delayed to give the Commission time to amend its regulations to be consistent with this Act. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR LIFELINE SERVICES. |
| HCR 132 | Passed | Neal | This House Resolution recognizes the month of May as “Asthma and Allergy Awareness Month”. | RECOGNIZING THE MONTH OF MAY 2026 AS "ASTHMA AND ALLERGY AWARENESS MONTH". |
| SS 2 for SB 1 | Signed | Townsend | This Act amends Titles 16, 18, 29, and 31 of the Delaware Code and Chapter 237, Volume 83 of the Laws of Delaware relating to primary care insurance. Among other things, the Act does the following:
Section 1 of the Act amends § 9903 of Title 16 of the Delaware Code to provide that the Health Care Commission, in coordination with the Primary Care Reform Collaborative, will monitor compliance of primary care providers with value-based care delivery models established under the Office of Value-Based Health Care Delivery (OVBHCD).
Section 2 of the Act amends § 9904A of Title 16 to remove a time frame limitation for the period during which the Health Care Commission is authorized to request written reports by health insurers regarding progress in adopting and implementing value-based payment models. Under the Act, the PCRC may continue to request such reporting going forward.
Section 3 of the Act amends § 329 of Title 18 to provide that administrative penalties for violations of §2503(a)(12), §2503(a)(15), § 3342B, and § 3556A of Title 18 may be equivalent to the amount of the violation, and that penalties imposed for such violations are to be deposited into a Primary Care Fund, which will be used by the Statewide Benefits Office and the Division of Medicaid and Medical Assistance.
Section 4 of the Act amends § 334 of Title 18 to clarify that the OVBHCD has the ability to promulgate regulations necessary to accomplish the stated goals of reducing health-care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates.
Section 5 of the Act amends § 2503 of Title 18 to extend current cost containment calculations to rate filing year 2027. Given their relative size and patient populations within Delaware's health care market, Delaware's two smallest hospitals and lone free-standing children's hospital are exempt from that extension. In rate filing year 2028 and thereafter, the Act specifies that costs per service for health benefit plans may not exceed certain Medicare Reference-Based Pricing Targets, which are based on the “Full Medicare rate,” meaning the applicable wage-adjusted base Medicare rate for different services, the Free-Standing Children’s Hospital Medicare outpatient payment rate, or the TEFRA Rate, meaning the target amount under the federal Tax Equity and Fiscal Responsibility Act (TEFRA) Waiver Program applicable to Free-Standing Children's Hospitals, unless certain exemptions apply. Those exemptions are for Delaware's two smallest hospitals and, if making progress with value-based care, for a Delaware hospital in a high-growth, high-Medicare population region. Carriers issuing plans in the commercial market for 2 consecutive years and that cover more than 5,000 members must meet minimum percentages of alternative payment model contracting, as specified.
Section 6 of the Act amends § 3342B of Title 18 concerning primary care coverage offered by individual insurance plans. Under the Act, starting in 2026, carriers must spend at least 11.5% of their total cost of medical care on primary care, at least 5% of which must be via prospective primary care management payments. Carriers must offer value-based care programs and may not deny contracted providers the opportunity to participate in an offered value-based care program. In addition, the Commissioner is required to issue regulations regarding the calculation of total cost of care.
Section 7 of the Act applies the same changes as Section 6 of the Act to § 3556A of Title 18, concerning primary care coverage offered by group insurance plans.
Section 8 of the Act deletes a sunsetting clause contained in Section 14, Chapter 237, Volume 83 of the Laws of Delaware, which would have repealed § 2503(a)(12)a., § 3442B(b)(3), and § 3556A(b)(3) of title 18, effective January 1, 2027.
Section 9 of the Act amends § 5204 of Title 29 to provide that health-insurance coverage for public officers and employees shall be provided by a carrier whose cost per service may not exceed certain Medicare Reference-Based Pricing Targets, which are based on the Full Medicare rate, the Free-Standing Children's Hospital Medicare outpatient payment rate, or the TEFRA Rate, unless certain exemptions apply. Those exemptions are for Delaware's two smallest hospitals and, if making progress with value-based care, for a Delaware hospital in a high-growth, high-Medicare population region. In addition, Section 9 of the Act specifies that coverage shall be provided by a carrier offering value-based care programs equivalent to the commercial market requirements.
Section 10 of the Act amends §5224 of Title 29 concerning primary care coverage of insurance coverage for public officers and employees, to require plans to report data to the OVBHCD on the percentage of primary care spending as a percentage of total medical costs for plan years 2027 and 2028 and to increase spending on primary care by 1% per year thereafter until primary care spending reaches 11.5% of total medical costs.
Section 11 of the Act creates §539 of Title 31, concerning state public assistance, to require entities providing health insurance under § 505(3) to report data on the percentage of primary care spending as a percentage of total medical costs for 2 plan years and, in subsequent years, increase primary care spending by 1% until primary care spending reaches 11.5% of total medical costs.
Section 12 of the Act provides that the Department of Insurance shall promulgate regulations pursuant to the Act within 18 months of enactment, but shall promulgate regulations on or before January 1, 2027 establishing a methodology to determine any appropriate annual inflationary or other applicable adjustments to a hospital's Full Medicare Rate.
Like Senate Substitute No. 1 for Senate Bill No. 1, this Act differs from Senate Bill No. 1 in that it bases the limits for costs per service for health benefit plans on Medicare Reference-Based Pricing Targets, which may differ based on whether the services are outpatient services, inpatient hospital services, or emergency department services, and on whether the services are being provided by a Free-Standing Children's Hospital; under Senate Bill No. 1, the limits for cost-per-service were based on a percentage of Medicare reimbursement for comparable services. In addition, this Act provides more guidance regarding the application of exemptions from those limits.
In addition, Senate Substitute No. 2 for Senate Bill No. 1 differs from Senate Bill No. 1 in that it makes technical edits to definitions and it provides that the Department of Insurance and the State Employee Benefits Office shall lead a process, in consultation with Delaware hospitals, to recommend an appropriate methodology to determine and apply any inflationary or other applicable adjustments to a hospital's Full Medicare Rate not otherwise captured in a hospital's annual Medicare rate update by January 1, 2027. Senate Substitute No. 2 for Senate Bill No. 1 also adds an exemption from the aggregate unit price growth limits in § 2503(a)(12)a.3. of Title 18 for a hospital that is a Free-Standing Children's Hospital, a hospital that qualifies as a Medicare-Dependent Rural Hospital on the grounds that it meets the definition of a Medicare-dependent hospital under 42 C.F.R. § 412.108 for at least 3 of the 5 years immediately preceding the applicable rate filing year, or an Urban Medicaid DSH Hospital. | AN ACT TO AMEND TITLE 16, TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE, AND CHAPTER 237, VOLUME 83 OF THE LAWS OF DELAWARE, RELATING TO PRIMARY CARE SERVICES. |