Daily Report for 6/9/2026

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 201SignedMantzavinosSection 1 of the Act exempts an individual not engaged in the business of “wholesaling” real estate from needing to be a real estate licensee. The business of wholesaling is when someone enters into an Agreement of Sale as a buyer, then markets the property and assigns that agreement to a different buyer and collects a fee for that assignment. While this process is unobjectionable under certain circumstances, at other times, it is used as a means to charge an excessive assignment fee, which is “equity stripping” of money that should go to the seller. The Act makes clear that marketing properties this way is the brokerage of real estate and must be done by a real estate broker. This is based on similar laws in Pennsylvania. Section 2 of the Act includes the business of wholesaling under the definition of real estate services. It also clarifies that a person engaged in the business of wholesaling must be licensed under Chapter 29 of the Delaware Code. Section 7 of the Act allows 270 days for such persons to become licensed. Section 3 of the Act defines “wholesaling”. Section 4 of the Act increases the amount a member of the public may collect from the Real Estate Guarantee Fund from $25,000 to $50,000 and increases the minimum amount of the Fund from $250,000 to $350,000. It also provides more discretion to the Commissioners, making it easier to award funds to a member of the public. In addition, it provides additional detail for how Commissioners may approve expenditures from the Fund and requires that they shall be provided with financial statements relating to the Fund. Section 5 of the Act adds a section to the Delaware Code for requirements for the business of “wholesaling” and adds protections for the member of the public entering into a wholesaling transaction. This is patterned after a recently enacted law in Pennsylvania. Section 6 of the Act provides that Sections 1, 3, and 4 of the Act, which include changes to certain definitions and revisions to the Real Estate Guaranty Fund, take effect upon the Act’s enactment into law. Section 7 of the Act provides that Section 2 of the Act, which requires a wholesaler to be a real estate licensee, takes effect 270 days after the Act’s enactment into law. Section 8 of the Act provides that Section 5 of the Act, concerning the right to cancel agreements of sale or contracts for wholesale transactions, takes effect 90 days after the Act’s enactment into law. The 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 REAL ESTATE BROKERS AND SALESPERSONS
SB 250SignedPinkneyThis Act adopts the 2017 updates to the Uniform Parentage Act ("Uniform Act") authored by the Uniform Law Commission. Delaware 's current law related to parentage is based on the Uniform Law Commission's 2000 version of the Uniform Parentage Act. The Uniform Law Commission’s website states that it “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The 2017 updates to the Uniform Act have been adopted by 11 states and is pending before the Pennsylvania state legislature. This Act, through the adoption of the Uniform Act, does all of the following: (1) Removes gendered terms throughout this Act to ensure equal treatment of children born to same-sex couples. In Obergefell v. Hodges, 135 S. Ct. 2584 (2015), the U.S. Supreme Court held that laws barring marriage between two people of the same sex are unconstitutional. And, in Pavan v. Smith, 137 S. Ct. 2075, 2078-79 (2017), the U.S. Supreme Court held that a state may not deny married same-sex couples recognition on their children’s birth certificates that the state grants to married different-sex couples. After these decision, parentage laws that treat same-sex couples differently than different-sex couples may be unconstitutional. These changes are also consistent with Delaware’s efforts to write laws using gender silent language unless a solely masculine or feminine term is required to apply a law to 1 gender. See § 211(c) of Title 1 of the Delaware Code. Specifically, these changes include broadening the provisions of Delaware’s parentage law related to the presumption of parentage (Section 11 of this Act), acknowledgment of parentage (Sections 12 through 26 of this Act), genetic testing (Sections 41 through 52 of this Act), and assisted reproduction (Sections 82 through 89 of this Act) to make them gender neutral. (2) Includes a provision for the establishment of a de facto parent as a legal parent of a child. A de facto parent is one who functions as a parent to the child but is unconnected through biology or marriage. This is not a change for Delaware, which has recognized de facto parents in Delaware’s definition of parent in Delaware’s parentage law since 2010. This Act moves the process for establishing de facto parentage to § 8-609 of Title 13 (Section 62 of this Act) to be part of the provisions related to adjudicating parentage, as establishing de facto parentage requires a judicial determination. (3) Updates the assisted reproduction provisions of Delaware’s parentage law, including the parental status of a deceased individual addressing issues similar to those raised by Senate Substitute No. 1 for Senate Bill No. 119 (153rd General Assembly). Specifically, the Uniform Act would treat a deceased individual as a parent of a child conceived by assisted reproduction if the embryo is in utero not later than 36 months after the individual’s death or the child was born not later than 45 months after the individual’s death and if one of the following apply: a. The individual consented in a record to be a parent if assisted reproduction occurs after the individual’s death. b. The individual’s intent to be a parent after the individual’s death is established by clear-and-convincing evidence. (4) Updates the surrogacy provisions of Delaware’s parentage law to reflect recent scientific, legal, and cultural developments in surrogacy practice (See Section 90 of this Act). Delaware’s parentage law currently includes a gestational carrier law and this Act continues that law and adds procedures related to a genetic carrier, which is an individual who is not an intended parent but becomes pregnant through assisted reproduction using the individual’s own gamete. Specifically, §§ 8-801 through 8-807 establish the rules that apply to both types of carrier agreements. Sections 8-808 through 8-813 includes the current rules that apply to gestational carrier agreements. Sections 8-814 through 8-821 adopts the Uniform Act’s rules that apply to genetic carrier agreements. (5) Adopts requirements and procedures regarding access to non-identifying medical history and identifying information regarding gamete providers by children born through assisted reproduction and their parents. Based on data from 2015, the CDC reports that “approximately 1.6% of all infants born in the United States every year are conceived using ART.” Data suggests that this percentage continues to increase. Gaia Bernstein, Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Ind. Health L. Rev. 291, 298 (2013) (noting that “from 2004 to 2008 the number of IVF cycles used for gestational surrogacy grew by 60%, the number of births by gestational surrogates grew by 53% and the number of babies born to gestational surrogates grew by 89%”). Accordingly, it is increasingly important for states to address these issues. The Uniform Act specifically does the following: a. Requires gamete banks and fertility clinics to collect and retain both identifying information and nonidentifying medical history about gamete donors. b. Requires gamete banks and fertility centers to provide non-identifying medical history to parents on request at any time and on request by the donor-conceived child who attains 18 years of age. c. With regard to identifying information, provides that a gamete bank or fertility center shall provide this information to the donor conceived child who attains 18 years of age on their request. (6) Makes technical corrections that conform existing law to current standards of legislative drafting, consistent with the Uniform Act and the standards of the Delaware Legislative Drafting Manual. (7) Consolidates or transfers existing provisions of Delaware’s Parentage Act to ensure logical organization of the law consistent with the Uniform Act, including the following: a. Definitions related to genetic testing, which are transferred from § 8-102 to § 8-501 (Section 41 of this Act). b. Provisions related to genetic testing, which are transferred to § 8-503(e) and (h) (Section 43 of this Act) from § 8-622 (Section 70 of this Act). c. Provisions related to the admissibility of results of genetic testing, which are transferred to § 8-606 (Section 59 of this Act) from § 8-621 (Section 69 of this Act). d. Provisions adjudicating parentage of a child with an alleged genetic parent, which are transferred to § 8-607 (Section 60 of this Act) from §§ 8-622, 8-623, 8-631, and 8-634 (regarding adjudicating parentage by default) (Sections 70, 71, 73, and 76 of this Act). e. Provisions adjudicating parentage of a child with a presumed parent, which are transferred to § 8-608 (Section 61 of this Act) from § 8-607 (Section 60 of this Act). f. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). g. Provisions adjudicating parentage of a child with an adjudicated parent, which are transferred to § 8-611 (Section 64 of this Act) from § 8-609 (Section 62 of this Act). h. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). i. Provisions related to issuing temporary orders, which are transferred to § 8-615 (Section 67 of this Act) from § 8-609 (Section 62 of this Act). j. Provisions related to combining proceedings, which are transferred to § 8-616 (Section 67 of this Act) from § 8-610 (Section 63 of this Act). k. Provisions related to proceedings before birth, which are transferred to § 8-617 (Section 67 of this Act) from § 8-611 (Section 64 of this Act). l. Provisions related to the child being a party and representated, which are transferred to § 8-618 (Section 67 of this Act) from § 8-612 (Section 65 of this Act). m. Provisions related to the court adjudicating parentage, which are transferred to § 8-619 (Section 67 of this Act) from § 8-632 (Section 74 of this Act). n. Provisions related to dismissal for want of prosecution, which are transferred to § 8-621 (Section 69 of this Act) from § 8-635 (Section 77 of this Act). o. Provisions related to orders adjudicating parentage, which are transferred to § 8-622 (Section 70 of this Act) from § 8-636 (Section 78 of this Act). p. Provisions related to the binding effect of a determination of parentage, which are transferred to § 8-623 (Section 71 of this Act) from § 8-637 (Section 79 of this Act). q. Miscellaneous provisions currently in subchapter IX which are transferred to subchapter X to allow for the inclusion of new provisions related to information about donors of gametes or embryos intended for use in assisted reproduction. (8) In Sections 98 through 125 of this Act, makes changes to conform existing law to the changes made by the Uniform Act. The majority of these changes ensure consistent usage of terms and definitions used by the Uniform Act.AN ACT TO AMEND TITLE 10, TITLE 13, AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM PARENTAGE ACT.
HS 1 for HB 370 w/ HA 1SignedHarrisThis 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.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 199PassedPinkneyThis Senate Concurrent Resolution designates May 25, 2026, as “Africa Day” in the State of Delaware.DESIGNATING MAY 25, 2026, AS “AFRICA DAY” IN THE STATE OF DELAWARE.
SCR 202PassedRichardsonThis Senate Concurrent Resolution recognizes June 2026 as "Sacred Heart of Jesus Month" in the State of Delaware.RECOGNIZING JUNE 2026 AS “SACRED HEART OF JESUS MONTH” IN THE STATE OF DELAWARE.
SCR 201PassedBucksonThis Senate Concurrent Resolution designates June 14-21, 2026, as "Men's Health Week" in the State of Delaware.DESIGNATING JUNE 14-21, 2026, AS "MEN'S HEALTH WEEK" IN THE STATE OF DELAWARE.
SR 22PassedHoffnerThis Resolution designates September 28-October 4, 2026, as “Frontotemporal Degeneration Awareness Week” in the State of Delaware.DESIGNATING SEPTEMBER 28-OCTOBER 4, 2026, AS “FRONTOTEMPORAL DEGENERATION AWARENESS WEEK” IN THE STATE OF DELAWARE.
HA 1 to HB 132PWBPhillipsThis Amendment to House Bill No. 132 deletes Section 8 of House Bill No. 132. It also changes the effective date to 90 days after enactment.  
HS 1 for HB 358CommitteeHeffernanThis Act provides guidelines for Delaware schools in addressing elopement of students. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident. All schools must develop policies and procedures to implement the requirements of this Act. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL.
HA 2 to HB 165PassedHarrisThis Amendment to House Bill No. 165 makes a correction to reflect the scope of practice of the APRNs who are authorized to perform dry needling under the Act. 
HA 1 to HB 234PWBBurnsThis Amendment to House Bill No. 234 provides a limit to the scope of collective bargaining rights of certain State employees and public education employees consistent with current law.  
HA 1 to HB 276PWBCookeThis Amendment to House Bill No. 276 clarifies the definition of a course of conduct for purposes of aggregating related thefts into a single charge. This Amendment also clarifies that if the aggregation of related thefts into a single charge results in an aggregated value of the stolen property reaching a threshold that enhances the charge to a felony or higher class of felony, the existence of a course of conduct is an element of the offense that must be proven beyond a reasonable doubt. 
HA 1 to HB 442PWBOsienskiThis Amendment to House Bill No. 442 allows for municipalities with a municipal police department to place and receive revenue from traffic monitoring systems within the municipality. This Amendment allows for revenue from traffic monitoring systems to be used to reimburse costs of the courts to address appeals of citations issued based on the traffic violation monitoring systems. This Amendment also clarifies that high intensity roadways may only be designated or approved based on documented safety risks. This Amendment also adds a 10-year sunset provision to House Bill No. 442. 
SA 1 to SB 340PassedMantzavinosThis Amendment exempts long-term care facilities owned and operated by the State from the requirements of this Act. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 298PassedBushThis Act continues the practice of amending periodically the Delaware Statutory Trust Act (the “Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 adds a new § 3802(d) to the Statutory Trust Act to clarify that a subscription for a beneficial interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 2 amends § 3803(c) of the Statutory Trust Act to provide that advisers, as defined in § 3313 of Title 12 of the Delaware Code, shall receive the same liability protections as officers, employees, managers and other persons acting pursuant to § 3806(b)(7) or § 3806(i) of the Statutory Trust Act. Section 3 amends § 3805 of the Statutory Trust Act to include the word “statutory” before the word “trust” in the heading. Section 4 amends § 3806(b) of the Statutory Trust Act, which relates to the provisions that may be included in a governing instrument, to clarify that the limitation on those provisions is that they cannot be contrary to any provision or requirement of the Statutory Trust Act and not just to Subchapter I thereof. Section 4 also amends § 3806(b)(9) of the Statutory Trust Act to confirm that a governing instrument may be amended in connection with a division of a statutory trust as specifically contemplated by § 3825(f) of the Statutory Trust Act. Section 5 amends § 3806(o) of the Statutory Trust Act to provide that § 3806(o) applies to ratification or waiver of a void or voidable act or transaction by any trustee, beneficial owner or other person in respect of a statutory trust, in addition to acts or transactions by a statutory trust. This Section also amends § 3806(o) to provide that ratification or waiver pursuant to § 3806(o) may be express or implied, including by the statements, action, inaction, or acquiescence of or by trustees, beneficial owners or other persons. Further, this Section amends § 3806(o) to clarify that in a circumstance in which § 3806(o) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 3806(o) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 3806(o), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 6 amends § 3807 of the Statutory Trust Act, which addresses certain duties of a registered agent of a statutory trust. Amended § 3807 specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 3807 defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 amends § 3808(c) of the Statutory Trust Act to confirm and clarify certain of the mechanisms for revoking dissolution of a statutory trust. Specifically, this Section amends § 3808(c) to confirm and clarify that the references to “other persons” in § 3808(c)(1) and (2) are references to other persons whose approval is required for such dissolution of the statutory trust pursuant to the governing instrument. Section 8 amends § 3808(f) of the Statutory Trust Act. Currently, § 3808(c) of the Statutory Trust Act permits revocation of dissolution of a statutory trust prior to the filing of a certificate of cancellation of the certificate of trust in the office of the Secretary of State; however, the Statutory Trust Act does not currently address revocation of dissolution of a series prior to the completion of the winding up of the series. This amendment adds new language to permit revocation of dissolution of a series prior to the completion of the winding up of the series. Section 9 amends § 3809 of the Statutory Trust Act, which relates to the application of Delaware trust law, to clarify that those laws are applicable to statutory trusts except to the extent otherwise provided in the governing instrument of a statutory trust or to the extent otherwise provided in the Statutory Trust Act and not just in Subchapter I thereof. Section 10 amends § 3810(d) and (e) of the Statutory Trust Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 10 also amends § 3810 of the Statutory Trust Act to include the word “statutory” before the word “trust” in §3810(d) and to clarify that § 3810 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 11 and Section 12 amend § 3812 of the Statutory Trust Act, which relates to filing of certificates, to clarify that § 3812 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 13 amends § 3813(a)(3) of the Statutory Trust Act, which relates to the payment of certain fees, to clarify that § 3813(a)(3) applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 14 amends § 3815(b)(4) of the Statutory Trust Act to permit a certificate of merger to state any amendments to the certificate of trust of a surviving domestic statutory trust in a merger as are desired to be effected by the merger. This Section also amends § 3815(b)(5) of the Statutory Trust Act to provide that a certificate of trust must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic statutory trust. Section 15 amends § 3825(h) of the Statutory Trust Act. Currently, among other requirements, a certificate of division must state the name and business address of the division contact and the name and address of the division trust where the plan of division is on file. Because this information may change over time, this amendment permits or requires the filing of a certificate of amendment of certificate of division to amend the name or business address of the division contact or the name and address of the division trust where the plan of division is on file. The requirement to update such information in a certificate of division ends after the expiration of a period of 6 years following the effective date of the division. Section 16 amends § 3825(l)(1) of the Statutory Trust Act to clarify that pursuant to a division, a dividing trust is divided into distinct and independent division trusts as such term is used in the Statutory Trust Act. Section 16 also amends § 3825(l)(9) of the Statutory Trust Act. Currently, under § 3825 of the Statutory Trust Act, a dividing trust does not need to survive a division. This amendment confirms that a dividing trust need not be a surviving trust. Section 17 amends § 3852(a)(1)e. of the Statutory Trust Act to include the words “foreign statutory” before the word “trust”. Section 18 amends § 3881(c) of the Statutory Trust Act to confirm that the definition of “associate” of a person includes any investment fund or other collective investment vehicle or separate account managed or advised by the person specified. Section 19 amends § 3881(d)(1) of the Statutory Trust Act to reflect that beneficial interests are not control beneficial interests until after a control beneficial interest acquisition. This Section also amends §3881(d)(2) of the Statutory Trust Act to replace the words “target shares” with the words “beneficial interests” and to replace the words “target party” with the words “statutory trust which is not the surviving or resulting person”. Section 20 amends § 3881(e)(2) of the Statutory Trust Act to clarify that reductions in the outstanding beneficial interests of a statutory trust for any reason can cause beneficial interests that previously were not control beneficial interests to become control beneficial interests. This Section also amends § 3881(e)(2) of the Statutory Trust Act to confirm that, except as provided in § 3881(e)(2)a. and §3881(e)(2)b. of the Statutory Trust Act, beneficial interests in the range of voting power below ten percent of all voting power are not control beneficial interests. Section 21 amends § 3881(f) of the Statutory Trust Act to delete redundant language. Section 22 amends § 3882 of the Statutory Trust Act to clarify that approvals and exemptions, unless otherwise explicitly provided, cover all of the beneficial interests acquired at any time within the range of voting power to which such approval or exemption applies. This amendment also removes the requirement that beneficial interests acquired within 90 days or acquired in a series of related transactions be considered acquired in the same acquisition. Section 23 amends § 3883(b) of the Statutory Trust Act to confirm that approvals and exemptions of beneficial interests from Subchapter III of the Statutory Trust Act can occur before, at the time of, or after the acquisition of such beneficial interests. Section 24 amends § 3888 of the Statutory Trust Act to expand the categories of information that a holder of beneficial interests or an associate of such a holder must disclose to the trustees in connection with determinations by the trustees relating to control beneficial interests and control beneficial interest acquisitions and authorizes the trustees to adopt procedures that the trustees reasonably believe are necessary or desirable to determine whether and how many control beneficial interests will be or have been voted in violation of Subchapter III of the Statutory Trust Act. Section 25 provides that the proposed amendments to the Statutory Trust Act take effect on August 1, 2026.AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF STATUTORY TRUSTS.
HB 297PassedBushSection 1 of this Act amends § 3323 of Title 12 to clarify: (1) that powers vested in 2 fiduciaries or nonfiduciaries must be exercised by agreement of both (that is, unanimously), while actions of 3 or more fiduciaries must be exercised by a majority; and (2) how these rules also apply when fiduciaries or nonfiduciaries are designating 1 or more of them to perform ministerial functions on behalf of all of them. In particular, Section 1 of this Act clarifies that when 2 fiduciaries or nonfiduciaries are serving, they can designate 1 of them to perform ministerial functions on behalf of both of them—in other words, that the statute’s existing mention of such designation being available to a majority does not mean that it is available only when there are 3 or more fiduciaries or nonfiduciaries serving. Section 1 of the Act also clarifies (in subsection (a) of § 3323) that the non-liability of fiduciaries or nonfiduciaries who dissent from an action of the majority (if the dissent is evidenced in writing and delivered to the majority) applies only with respect to such action. Section 1 of the Act also reorganizes and rewords § 3323 to reflect current stylistic and formatting preferences. Section 2 of this Act amends § 3325(29) of Title 12 to allow the trustee to select the governing instrument of either the transferor trust or the transferee trust (those two terms being defined in § 3341 of Title 12) in the context of a merger. The purpose of this amendment is to allow flexibility and improve administrative ease so that the name, EIN, account numbers, and other identifying information of the trust may remain unchanged post-merger. Section 3 of this Act amends § 3326 of Title 12 to: (1) Expand the definition of “officeholder” to include those who are empowered to appoint another officeholder; (2) Add a cross-reference to new § 3327A of Title 12 so that the definition of “officeholder” in § 3326 will also apply to § 3327A; and (3) Reorganize and reword § 3326 to reflect current stylistic and formatting preferences. Section 4 of this Act amends Title 12 by moving the language of § 3336 of Title 12 to new § 3327A of Title 12 and by adding provisions to new § 3327A that expand the subject matter of § 3336. More specifically, new § 3327A: (1) Replaces “trustee” with “officeholder” or “trustee or other officeholder” to parallel §§ 3326 and 3327 of Title 12, so that § 3327A will address the appointment of officeholders generally, and not just the appointment of trustees; (2) For trusts that are not continuing (that is, for trusts to which § 3327A(a)(1) —the existing subject matter of § 3336—does apply), changes the current language so that the appointment mechanism to appoint a distributing trustee can also be used where needed to appoint an officeholder other than a trustee; (3) For such distributing trusts, changes the current language so that the appointment of a distributing trustee or other officeholder is accomplished by unanimous consent, rather than by unanimous vote, because “vote” implies procedural formalities that ought not be necessary in such a situation; (4) For trusts that are continuing (that is, for trusts to which § 3327A(a)(1) —the existing subject matter of § 3336—does not apply), creates a new procedure for the appointment of a trustee or other officeholder where there is a vacancy, without the approval of the Court of Chancery, by unanimous consent of certain beneficiaries, but subject to any restrictions that the governing instrument imposes on the appointee; (5) Emphasizes that the unanimous consent required under § 3327A(c) and (d) may be achieved via representation by one or more designated representatives under § 3339 of Title 12 or by one or more virtual representatives under § 3547 of Title 12; (6) Provides expressly that, subject to certain conditions, § 3327A also applies to the appointment of a trustee or other officeholder where another officeholder is supposed to fill a vacancy but has failed to do so within 60 days of being notified of the vacancy; (7) Confirms that, unless a trustee vacancy is required by law to be filled, nothing within § 3327A shall be construed to require filling trustee or other officeholder vacancies when not expressly required by the trust’s governing instrument; and (8) Confirms that nothing within § 3327A shall be construed to limit the appointment of a trustee or other officeholder by a modification of a trust under § 3342 of Title 12 or by a nonjudicial settlement agreement under § 3338 of Title 12. Section 5 of this Act amends § 3341 of Title 12 to allow the trustee to select the governing instrument of either the transferor trust or the transferee trust in the context of a merger in order to align with the amendment made in Section 2 of this Act. Section 6 of this Act amends § 3345 of Title 12 to include references to both the trustee or adviser of a trust, in each place in the statute where only the trustee was formerly referenced, to avoid any potential ambiguity about the statute’s application to beneficiary well-being trusts that are drafted to provide that the trustee shall provide beneficiary well-being programs at the direction of or with the consent of an adviser. Section 6 of this Act also shortens the first sentence of § 3345(d) of Title 12—the original introductory sentence was intended to convey that the statute is applicable where the trustee is directed by an adviser, but this introductory sentence is no longer necessary in light of the other changes to this statute that more directly spell out the dynamic of a directed trust. It is noted for the sake of clarity, however, that this shortening of the first sentence of § 3345(d) of Title 12 does not change that actions taken under § 3345(d) remain subject to applicable fiduciary duties. Section 6 of this Act also clarifies § 3345(d)(3) of Title 12 that payment for beneficiary well-being programs to a trustee or affiliate or adviser is permitted only if the governing instrument expressly authorizes such payment. Section 6 of this act also amends § 3345(d)(3) of Title 12 by deleting the word “fiduciary” as modifying the term “compensation” to reflect that some advisers who are not fiduciaries may receive compensation (and not to have any effect on whether a trustee or adviser is or is not a fiduciary). Section 6 of this Act also adds the word “prior” before the word “disclosure” in the last clause of § 3345(d)(3) of Title 12 to clarify that payment for beneficiary well-being programs to a trustee or affiliate or adviser is permitted without prior notice or prior disclosure to any beneficiary of the trust. Section 7 of this Act amends § 504 of Title 25 to coordinate one of the methods for opting out of the effect of § 504(a) upon the exercise of a power of appointment. The amendment is that the instrument of exercise of a power of appointment should make express reference to the provisions of § 501(a) of Title 25 and should expressly state that it shall not apply to the exercise of the power in order to effectuate the opt-out of § 504(a). This change replaces the prior provision that referred generally to § 501, rather than specifically to § 501(a). Section 8 of this Act provides an effective date.AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND PROPERTY.
HB 311SignedK. WilliamsThis Act establishes the Rights and Responsibilities Guide for Landlords and Tenants Committee (“Committee”) within the Delaware Real Estate Commission (“Commission”). The Commission is tasked with drafting, maintaining, and distributing a comprehensive, statewide rights & responsibilities guide (“guide”) for landlords and tenants with support from the Committee. This guide will reference responsibilities that a tenant or landlord must follow, including federal, state, county, and municipal requirements. This Act also requires a landlord or real estate service provider to provide the guide to prospective tenants entering a landlord-tenant relationship governed under Part III of Title 25. The guide must also be provided at each time a rental agreement is renewed if the renewal is for a term of 1 or more years. The guide may be provided in electronic or paper format. The guide is deemed a statutorily required form under 24 Del. C. § 2912. Real estate service providers may be subject to discipline for misrepresenting the availability or content of the required form. Additionally, failure to provide the guide when required is deemed an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II of Chapter 25 of Title 6. Section 4 of this Act requires the Commission to provide a report to the General Assembly with findings about what disclosures or documents are required to be made to tenants independent of the guide and whether the Commission recommends other law be changed to incorporate those disclosures and documents into the guide. This Act is effective upon enactment into law and, except for the penalty provisions, is to be implemented the earlier of the following: (1) One year from the date of the Act’s enactment. (2) Notice by the Director of the Division of Professional Regulation published in the Register of Regulations that both of the following have occurred: a. The report required under Section 4 of this Act has been provided to the General Assembly. b. The guide this Act creates has been published by the Delaware Real Estate Commission. Penalty provisions are to be implemented 180 days after the remainder of the Act is implemented. If this Act is implemented before the report under Section 4 of this Act is provided to the General Assembly, the report must be provided to the General Assembly within 180 days after the Act is implemented.AN ACT TO AMEND TITLE 24 AND TITLE 25 OF THE DELAWARE CODE RELATING TO A RESIDENTIAL LANDLORD TENANT GUIDE.
SB 271 w/ SA 1Out of CommitteeSokolaThis Act strengthens procedural protections for pharmacies, pharmacists, and consumers related to regulation of a pharmacy benefits manager by doing all of the following: Adds definitions for the terms “chronic or long-term condition”, “net amount”, “purchaser”, “recoupment”, “similarly situated contracted pharmacy”, and “wholesale invoice audit.” Applies audit notice requirements uniformly and ensures access to an appropriate point of contact. Requires a pharmacy benefits manager to provide a list of records that the auditing entity seeks to audit at least 5 business days before an audit. Limits activities to once every 12 months and sets standards for wholesale invoice audits. Ensures audit costs are borne solely by the pharmacy benefits manager. Clarifies that a pharmacy can appeal the amount of any reimbursement and that a contracted pharmacy’s representative can take actions and receive notices related to appeals on behalf of a pharmacy. Extends pharmacies’ ability to appeal from 10 days to 40 days to account for entities that complete retroactive billing. When an appeal is denied, requires the parties to provide a detailed reason for the denial and specific information about how the pharmacy can appeal the denial to the Department of Insurance. Prohibits retaliation by a pharmacy benefits manager when a pharmacist or pharmacy discloses information to a government agency or during a proceeding if the person who disclosed the information had reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law. Requires that a pharmacy benefits manager must provide at least 60 days’ notice before amending a contract with a pharmacy or pharmacist. Clarifies that the prohibition against spread pricing applies to all purchasers contracting with pharmacy benefits managers. Changes the reporting requirements for rebates so that pharmacy benefits managers must file the required reports annually instead of quarterly. This change will reduce the amount of incorrect or unclear reporting because rebates are aggregated and reported at the end of the period of time under each contract. Amends national drug acquisition cost compliance to refer to the date of service. Prohibits pharmacy benefit managers from unit-of-use requirements inconsistent with smallest package size availability and manufacturer recommendations. Requires that pharmacy benefit managers may not require pharmacies to dispense therapeutically equivalent or alternative drugs that cost the enrollee more out of pocket than the prescribed drug except for medical reasons. Ensures that enrollee-identifiable or prescriber-identifiable information is not transferred to or shared with affiliated pharmacies for any commercial purpose other than those defined. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.
SS 1 for SB 168CommitteeWalshSenate Substitute 1 for SB 168 allows for the delivery of alcoholic liquors from any entity with a valid off-premise license. In addition, this substitute provides that acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer. This substitute bill differs from SB 168 in that it clarifies that § 516 of Title 4 applies to package stores, restaurants, and clubs, and not to hotels, grocery stores, convenience stores, drug stores, tobacco retailers, or cigar stores. This substitute bill also separates a subsection into two parts, addressing curbside sales and deliveries, for purposes of clarity. In addition, this substitute bill provides that a third-party delivery vendor may charge package stores no more than a single, flat rate that is applicable to all package stores that enter into a delivery contract with the third-party delivery vendor—that is, the third-party vendor may not charge a different rate to different stores, or a different rate for different deliveries from the same store. Finally, this substitute bill provides that it takes effect 6 months after its enactment.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 316PassedMantzavinosCurrently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.
SB 318Out of CommitteeCruceThis Act discontinues the Delaware State Education Association centennial limited edition special license plate and replaces it with an updated special license plate of the Delaware State Education Association. A special license plate supports a cause and is available for purchase by the public at large, including by members the beneficiary organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under § 2140G of Title 21; Delaware State Education Association centennial special license plates that are otherwise valid remain valid. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 321 w/ SA 1Out of CommitteeHansenNet crediting is the preferred utility consolidated billing methodology for Delmarva Power and Light as it has already been successfully implemented in Atlantic City Electric, Pepco Maryland, and Delmarva Maryland jurisdictions. Net crediting delivers a simpler, more transparent experience for both subscribers and subscription coordinators by netting subscription charges from monthly credits on behalf of the subscribers, who receive the net credit. Then, the utility aggregates those subscription charges on behalf of the subscription coordinators, who receive a payment from Delmarva. Net crediting marries the concept of world class customer experience with market scalability, while also being the lowest risk option for Delmarva's customers.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATED TO UTILITY BILLING.
SB 327PassedMantzavinosThis Act builds upon the reputation of Delaware’s trust laws and trust services infrastructure by creating a trust company charter designed for families desiring a family trust company. This Act authorizes the formation of a new type of Delaware regulated trust company, a “family trust company,” serving a single family and its related trusts, entities, and charities. This Act further authorizes and directs the State Bank Commissioner to establish regulations, application forms, and practices that distinguish the regulatory requirements for a family trust company from commercial trust companies serving the public, based on their differing risk profiles. A principal purpose of the supervision and examination of family trust companies by the Office of the State Bank Commissioner under this Act will be to address and facilitate record-keeping, auditing and reporting, and risk management, in significant part by assisting management of family trust companies in understanding and performing their fiduciary and other legal obligations owed to the family members they serve. This Act limits family trust companies to exercising the trust company powers permitted to other State-chartered trust companies and defines the family members it may serve based on their being descended from or otherwise related to a single family member (either alone or together with their spouse) designated by the family. This Act provides for the organization, minimum capital and surplus requirements, and permissible range of license fees of a family trust company, as well as the criteria for approval of an application for a certificate of authority to establish a family trust company, and additional criteria to consider for the capital and surplus requirements of family trust companies, in order to assure their safe, sound, and effective operation. It also encourages family trust companies to be audited, requires certain insurance coverages, and provides for supervision, examination, and enforcement of their compliance with the Act and safe and sound trust company practices. This Act also requires that material trust administration occur in Delaware in instances in which the laws of Delaware are intended to govern the administration of the trust administered by a family trust company. 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 5 AND TITLE 12 OF THE DELAWARE CODE RELATING TO FAMILY TRUST COMPANIES.
SA 1 to SB 321PassedHansenThis amendment makes the following changes to Senate Bill No. 321: 1) Makes minor changes to the dates in the Bill. 2) Requires Commission-regulated electric public utilities to offer consolidated billing to all customer classes. 3) Allows a community-owned energy generating facility with a Final Certificate to Operate issued by the Public Service Commission on or before September 2, 2026, to elect not to participate in consolidated billing provided that the facility submits a formal request in writing to the utility on or before October 1, 2028. 4) At lines 79-80 of the Bill, clarifies that the community-owned energy generating facility or the Subscription Coordinator are the parties responsible for managing their customer subscriptions. 5) At lines 108-110 of the Bill, clarifies the language about the fee that utilities may charge to hold accounts in escrow to cover instances of customer arrearages. 6) Inserts technical corrections. 
HCR 146PassedKamela SmithThis House Concurrent Resolution recognizes June 8 through 12, 2026, as “Community Health Improvement Week” in the State of Delaware and honors the essential role of community health workers in advancing health equity, improving health outcomes, and strengthening communities across the State.RECOGNIZING JUNE 8 THROUGH 12, 2026, AS "COMMUNITY HEALTH IMPROVEMENT WEEK" IN THE STATE OF DELAWARE AND HONORING THE VITAL ROLE OF COMMUNITY HEALTH WORKERS.
HCR 141PassedHeffernanThis House Concurrent Resolution designates June 9, 2026, as "Youth Prevention Day" in the State of Delaware.RECOGNIZING JUNE 9, 2026, AS "YOUTH PREVENTION DAY" IN THE STATE OF DELAWARE.
HCR 139PassedWilson-AntonThis Resolution recognizes the month of June 2026 as "Caribbean American Heritage Month" in the State of Delaware.RECOGNIZING JUNE 2026 AS “CARIBBEAN AMERICAN HERITAGE MONTH” IN THE STATE OF DELAWARE.
HCR 138PassedChukwuochaThis House Concurrent Resolution commends the 2026 Delaware Behavioral Health Professional of the Year, Taylor Richey and all of the District/Charter Network Behavioral Health Professionals of the Year.THIS CONCURRENT RESOLUTION COMMENDS TAYLOR RICHEY, THE 2026 DELAWARE BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR, AND ALL THE DISTRICT/CHARTER NETWORK BEHAVIORAL HEALTH PROFESSIONALS OF THE YEAR.
HCR 145PassedSnyder-HallThis House Concurrent Resolution celebrates the progress of the LGBTQ+ movement and acknowledges the month of June 2026 as LGBTQ+ Pride Month in the State of Delaware.RECOGNIZING JUNE 2026 AS LGBTQ+ PRIDE MONTH IN THE STATE OF DELAWARE.
SA 1 to SB 271PassedSokolaThis amendment clarifies provisions related to audits. In addition, it clarifies a reference to a pharmacy benefits manager's obligation to report to the Commissioner. It also removes the provision in Senate Bill No. 271 that addresses spread pricing. Finally, it revises the effective date and provides that the legislation applies to contracts entered into, renewed, amended, or extended 6 months following enactment. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 275 w/ SA 1 + HA 1PassedPooreThis 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.
SB 22 w/ HA 1PassedTownsendApproximately one in five adults report experiencing a mental health condition. At the same time, many individuals continue to face delays or barriers when trying to access care, even when they have insurance coverage. Delays, denials, or truncation of treatment leave families and their doctors battling for coverage instead of focusing on treatment and recovery. Families must pay out of pocket for care, on top of premiums for coverage they are not receiving. Further, Delawareans are five times more likely to go out-of-network for mental health care than for primary care, resulting in higher costs. This Act, known as the Fair Standards in Mental Health Care Act, builds on previous work to advance mental health parity and aims to ensure patients with private insurance can access timely, evidence-based mental health and substance use disorder care in Delaware. This Act supports improved access to mental health disorder and substance use disorder treatment by: 1. Adding and refining key terms, including definitions of mental health disorders and substance use disorders, level of care criteria, medically necessary treatment, utilization review and utilization review criteria to ensure consistency with widely accepted clinical standards of treatment and service intensity determination. This bill forges gold-standard clinical guidelines through requiring insurers to use transparent, evidence-based standards from independent experts, including the American Academy of Child and Adolescent Psychiatry. 2. Requiring coverage for all medically necessary treatment, including emergency services and all clinically appropriate levels of care. This bill ends prior authorization delays for mental health and guarantees emergency mental health coverage, just as Delaware already does for addiction treatment. 3. Requiring at least one formulation of certain FDA-approved medications to treat substance use disorders to be placed on the lowest-cost tier of drug formularies. 4. Prohibiting discrimination against individuals with current or predicted mental health disorders or substance use disorders. 5. Requiring carriers to arrange coverage of medically necessary out-of-network services without additional cost to the enrollee if in-network options are unavailable within applicable network access standards, thus ensuring real network access. 6. Removing language currently in the code barring a private right of action for violations of 18 Del. Code § 3343. In addition, the Act clarifies that carriers must provide nonquantitative treatment limitation parity analysis (NQTL parity analysis) that they are required to have completed under federal law to health care providers and current and prospective covered persons, free of charge, upon request. This Act applies to individual health insurance policies under Chapter 33 of Title 18 and group and blanket health insurance policies under Chapter 35 of Title 18. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE.
HB 409CommitteeK. WilliamsThis adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment. This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following: (1) A massage establishment, as defined in § 5302 of Title 24. (2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered. This Act’s definition is based on those used by national and state human trafficking prevention organizations. Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments. This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROSTITUTION.
HB 408CommitteeK. WilliamsThis Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims. To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.
HS 1 for HB 356CommitteeBurnsThis Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. 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, unless the purchaser is exempt as a bulk petroleum facility. 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 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. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.
HJR 11CommitteeBerryThis House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation. DIRECTING THE JUDICIARY TO ESTABLISH A WORKING GROUP TO EXPLORE THE FEASIBILITY OF ESTABLISHING A HOUSING OPPORTUNITY AND POVERTY ELIMINATION (HOPE) COURT PROGRAM IN PARTNERSHIP WITH STATE AGENCIES AND COMMUNITY ORGANIZATIONS AND TO PROVIDE RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION.
SCR 197PassedPinkneyThis Concurrent Resolution recognizes May 20, 2026, as Public Health Advocacy Day in the State of Delaware. RECOGNIZING MAY 20, 2026, AS PUBLIC HEALTH ADVOCACY DAY IN THE STATE OF DELAWARE.
SCR 198PassedLockmanThis Concurrent Resolution recognizes the historic and cultural significance of Mother African Union Church in Wilmington, one of the oldest Black congregations in Delaware. This Resolution expresses the support and solidarity of the Delaware General Assembly for the congregation and surrounding community following the devastating fire of May 17, 2026.RECOGNIZING THE HISTORIC SIGNIFICANCE OF MOTHER AFRICAN UNION CHURCH AND EXPRESSING THE SUPPORT OF THE DELAWARE GENERAL ASSEMBLY FOR ITS CONGREGATION AND COMMUNITY FOLLOWING THE DEVASTATING FIRE OF MAY 17, 2026.
HA 1 to SB 275PassedCookeThis Amendment removes a reference to "state" excavation practices from the definition of “Test Holes.”.  
HA 1 to SB 22PassedMinor-BrownThis Amendment to Senate Bill No. 22 defines “serious mental illness” and allows carriers to impose precertification, prior authorization, pre-admission screening, or referral requirements for mental health disorders that are not serious mental illnesses or substance use disorders.  

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Elections & Government Affairs
Environment, Energy & Transportation
Executive
Health & Social Services
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Education
Housing
Public Safety & Homeland Security

Senate Committee Report

Committee
Environment, Energy & Transportation
Finance
Health & Social Services
Legislative Oversight & Sunset

House Committee Report

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Housing
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records