| SB 45 w/ SA 1 | Passed | Mantzavinos | This bill adds a new crime of application insurance fraud under the criminal code to include fraudulent statements submitted in support of an application to obtain or renew insurance or made for purposes of obtaining a commission or other payment from an insurer. This bill makes application-related insurance fraud a class A misdemeanor unless the benefits wrongfully obtained or sought to be obtained is at least $1,000, in which case application insurance fraud is a class G felony. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO INSURANCE FRAUD. |
| SA 1 to SB 45 | Passed | Mantzavinos | This amendment raises the aggregate value of the wrongfully obtained property, services, or other benefit from $1,000 to $1,500 for application insurance fraud to constitute a class G felony. | |
| SB 9 w/ SA 1 | Committee | Hansen | This Act institutes a State nontidal wetlands program to include additional wetlands that are no longer regulated at the federal level. The State wetlands program will cover both tidal and nontidal wetlands, and in that manner fill in gaps in federal jurisdiction under the Clean Water Act and mitigate the uncertainty surrounding the limits to federal jurisdiction and improve efficiencies in the wetland permitting processes.
Section 1 of the Act makes a number of changes to Chapter 66 of Title 7 of the Delaware Code:
Section 1 adds definitions to § 6603 of Title 7, including for "aquatic habitat functions and services"; "Community Water Access Structure"; "Delaware Wetland Screening Tool," which is a screening tool o be developed in regulations to determine whether an area has the potential to qualify as a wetland; "Exceptional Value Wetlands", which are wetlands that are unique or high functioning, that support flora or fauna that are endangered or threatened, that are located in public water supply Source Water Protection Areas, or located within designated natural areas; "foot bridge"; "linear utility infrastructure projects"; "mitigation"; "normal residential gardening and lawn and landscape maintenance"; "pilings"; "unique wetlands," meaning wetlands that are categorized by the Department of Natural Resources and Environmental Control (DNREC) as Coastal Plain seasonal ponds, inner-dune depression meadows, peatland fens, Piedmont stream valley wetlands, bald cypress swamps, Atlantic white cedar swamps, or black ash seepage swamps; "voluntary wetland habitat restoration project"; and "wetland walkway". In addition, the definition of "wetlands" is revised to include all tidal and nontidal wetlands in the State, and will be further clarified in regulations adopted by DNREC.
Section 1 also amends § 6604 of Title 7 to provide that an applicant for a wetlands permit has the burden of proving whether a proposed activity is within tidal or nontidal wetlands.
In addition, Section 1 amends § 660 of Title 7, concerning activities that are exempt from permit requirements under Chapter 66 of Title 7. Under the Act, the following activities are exempt: farming, provided certain requirements are met, including that farming or an intent to farm has been conducted on the land in the prior 10 years on a rolling basis; silvicultural activities permitted by the Department of Agriculture; conservation practices on lands that are engaged in programs through certain federal or state governmental agencies; hunting, fishing, trapping, and duck blinds; wildlife nesting structures; mosquito control activities authorized by the DNREC; construction of certain drainage ditches, tax ditches, swales, and other drainage features; artificial ponds and borrow pits; construction of directional aids to navigation; placing of boundary stakes; foot bridges; normal residential gardening and lawn and landscape maintenance. In addition, other activities are conditionally exempt: certain activities that would be allowed under a nationwide permit issued by the United States Army Corps of Engineers; nontidal wetlands equal to or less than a contiguous 0.50 acres, provided certain criteria are met; work performed by a state, county, or municipal government or conservation district, or such an entity's designated contractor, on nontidal wetlands in the Delaware Atlantic Coastal Plains Province with a contributing drainage area of less than 800 acres; maintenance, reconstruction, or retrofitting work performed by or with the assistance of any state, county, or municipal government or conservation district in nontidal wetlands; certain work in agricultural drainage ditches; the creation or maintenance of certain ponds constructed in uplands; and wetland walkways, under certain conditions.
Section 1 also amends § 6607 of Title 7, concerning the procedures, regulations, and application fees associated with permit applications. The Act provides that initial regulations promulgated under Chapter 66 will establish the Delaware Wetland Screening Tool. Further, in addition to the regulations the Secretary of DNREC is already directed to adopt, the Secretary is instructed to adopt regulations affording additional protections to Exceptional Value Wetlands; reducing duplication with the permitting requirements of the U.S. Army Corps of Engineers; improving the State's ability to account for impacts from wetlands permitting actions; promulgating mitigation strategies to facilitate no overall net loss in wetland acreage and function and to protect the State's resilience to the impacts of climate change; and establishing general permits for common and environmentally beneficial activities with minimal environmental impact. Section 1 further amends § 6607 concerning the timeline for DNREC issuing a decision regarding a permit application
Section 1 creates a new § 6621, establishing the Wetlands Regulatory Advisory Committee. The Committee is directed to assist DNREC in developing the initial regulations required under Chapter 66 of Title 7 and to evaluate the permitting processes for activities regulated by state and federal agencies. The Committee is to be made up of 23 members, including the County Administrator or County Executive, or the County Administrator's or County Executive's designee; representatives from the Delaware Farm Bureau, the conservation districts, various environmental advocacy groups, an environmental justice organization, the Home Builders Association of Delaware, the Delaware Association of Realtors, the American Council of Engineering Companies of Delaware, the Delmarva Chicken Association, a general business group, a private wetlands consultant certified by the Society of Wetlands Scientists, and members from higher education institutions with specialization in wetlands science, agricultural economics, and with knowledge of forestry or soil conservation. The Committee is directed to review DNREC's implementation of the initial regulations required by Chapter 66 and provide a final report recommending legislative or regulatory improvements.
Section 2 of the Act deletes Chapter 66A of Title 7 of the Delaware Code, "Nontidal Wetland Standards," which had created a Wetlands Advisory Committee to assist the Secretary of the Department of Natural Resources and Environmental Control in developing wetland protection priorities for the State and identifying a comprehensive approach for improving nontidal wetland conservation, restoration, and education to recommend to the General Assembly, and to evaluate the permitting process for activities regulated by state and federal agencies.
Section 3 of the Act provides that activities in private nontidal subaqueous lands authorized under a nationwide permit issued by the U.S. Army Corps of Engineers and in effect in the state are exempt from any requirements under Chapter 72 of Titel 7 of the Delaware Code, if a water quality certification has been received from the Department of Natural Resources and Environmental Control, where necessary.
Section 4 of the Act provides that §§ 6621 and 6622 of Section 1 of the Act, and Section 2 of the Act, are effective upon enactment; Section 3 of the Act is effective 60 days after enactment; and the remaining provisions of the Act are effective upon the adoption of initial regulations by the Department of Natural Resources and Environmental Control. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS. |
| SA 1 to SB 9 | Passed | Hansen | This amendment makes a technical addition to expressly notify the Code Revisors that redesignation is needed with this bill. | |
| HB 338 | Passed | Gorman | This Act clarifies that individual, group, and blanket health insurance carriers must provide for and pay for services (including immunizations) that were recommended by the Advisory Committee on Immunization Practices of the Center for Disease Control (CDC) and the comprehensive guidelines supported by the Health Resources and Services Administration (HRSA) that were in effect as of January 1, 2025. They must also cover immunizations that were supported by national clinical guidelines or national standards of care in effect on January 1, 2025.
To that end, this Act removes provisions that permit carriers to deny coverage for these items or services simply because they are not currently recommended by the Advisory Committee on Immunization Practices of the CDC and the comprehensive guidelines supported by the HRSA. This Act also removes obsolete United States Preventative Task Force provisions related to breast cancer screening from 2009. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARRIER COVERAGE OF IMMUNIZATIONS AND PREVENTIVE SERVICES. |
| SS 1 for SB 120 | Committee | Mantzavinos | This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for biomarker testing, when the test is supported by medical and scientific evidence. The Act applies to all such policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027.
This Act is a substitute for and differs from Senate Bill No. 120 in that this Act clarifies that it does not prevent a provision restricting coverage to services by a licensed, certified, or carrier-approved provider or facility, restrict the use of utilization management, or require coverage of biomarker testing for screening purposes or coverage of investigatory and experimental biomarker tests. In addition, the Act differs from Senate Bill No. 120 in that it applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027, rather than December 31, 2026. | AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE. |
| SB 275 w/ SA 1 + HA 1 | Passed | Poore | This 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 1 | Passed | Townsend | Approximately 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. |
| SB 311 | Out of Committee | Huxtable | This Act does the following:
1) On line 6, the Act deletes a provision about the Department of Agriculture issuing a biennial license for $100.
2) The Act requires certified private applicators to maintain records with respect to applications of pesticides and to make the records available for inspection by the Department.
3) The Act expands the definition of “Landscaper” to include commercial entities that install their own nursery stock.
4) The Act removes the requirement that Grain Inspector License applicants furnish satisfactory evidence of good character to the Department. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE. |
| SJR 15 | Out of Committee | Buckson | This Senate Joint Resolution directs the Delaware Department of Education to reevaluate the use of the SAT within Delaware’s accountability system while continuing to offer the SAT during the school day for students who wish to take it. The Resolution further directs the Department to engage educators statewide in developing a modernized accountability framework, explore additional measures permitted under federal law, recognize career readiness indicators such as industry credentials, dual enrollment, and work-based learning, and clarify that proficiency results are one indicator of postsecondary readiness rather than a sole measure of school quality. The Department will explore and develop a coherent high school assessment system, including a standards-aligned high school summative assessment and learning progress assessments, designed to provide timely, instructionally useful data while maintaining full compliance with federal accountability requirements. | DIRECTING THE DELAWARE DEPARTMENT OF EDUCATION TO REEVALUATE THE USE OF THE SAT IN DELAWARE, ENGAGE EDUCATORS IN MODERNIZING THE STATE ACCOUNTABILITY FRAMEWORK, INCLUDING DEVELOPMENT OF A COHERENT HIGH SCHOOL ASSESSMENT SYSTEM, AND DEVELOP ADDITIONAL MEASURES OF STUDENT ACHIEVEMENT AND READINESS. |
| SB 257 | Out of Committee | Poore | This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter.
The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following:
(1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license.
(2) Fails to meet the requirements of this subchapter or any applicable regulation.
(3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following:
a. An application for a license or a license renewal.
b. Any data or document submitted to the Department.
c. Records required to be kept under this subchapter or under applicable regulation.
(4) Refuses to allow representatives or agents of the Department to inspect any of the following:
a. All or any portion of the animal shelter.
b. Any documents, records, or files required to be maintained by the animal shelter.
(5) Does not correct a previously identified violation.
(6) Has unpaid fees or fines.
(7) Has a history of noncompliance with animal welfare laws or applicable regulations.
The Department has discretion to issue provisional licensure for an applicant seeking license renewal.
An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation.
This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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.
This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION. |
| SJR 18 | Out of Committee | Hansen | This Joint Resolution designates August 31, 2026 as "International Overdose Awareness Day" in Delaware and requires the state flag to be flown at half-staff in observance and to honor those whose lives were taken too soon. | DESIGNATING AUGUST 31, 2026, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE AND REQUIRING THE STATE FLAG TO BE FLOWN AT HALF-STAFF IN OBSERVANCE. |
| HCR 142 | Passed | K. Johnson | This House Concurrent Resolution recognizes June 2026 as National Homeownership Month in Delaware and highlights updated housing data and program impact. | RECOGNIZING THE MONTH OF JUNE AS NATIONAL HOMEOWNERSHIP MONTH IN DELAWARE. |
