| 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. |
| HB 131 w/ SA 1 | Passed | K. Williams | This Act fosters the humane treatment of animals and prevents animal cruelty by prohibiting retail pet stores from selling dogs or cats. It further authorizes retail pet stores to collaborate with animal shelters and animal rescue organizations to offer space to showcase dogs or cats for adoption. The Office of Animal Welfare will be responsible for enforcing this Act. Retailers will receive a civil penalty of no more than $500 for each prohibited sale.
This Act takes effect 6 months after its enactment into law. | AN ACT TO AMEND TITLES 6 AND 16 OF THE DELAWARE CODE RELATING TO PET STORES AND ANIMAL WELFARE. |
| HB 134 | Committee | Spiegelman | This Bill updates Title 11 of the Delaware Code relating to animal cruelty. After 2 misdemeanor violations of this section, currently class A misdemeanors, all further violations are to be upgraded to class F felonies. Also, after the first felony violation of the statute, currently a class F felony, which involves intentionally killing or causing serious injury to any animal in violation of the statute, all further violations are to be upgraded to class E felonies. Also, any person convicted of a felony violation a second time shall be prohibited from owning or possessing any animal for the remainder of their life without exception. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL CRUELTY. |
| SB 141 w/ SA 1 | Passed | Walsh | This bill allows auction houses that are licensed by the Delaware Office of the Alcoholic Beverage Control Commissioner to auction spirits, so long as the spirits being auctioned are not made available for sale in any licensed facility or store. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| SB 263 | Passed | Sokola | This Act adds minor league baseball players to the existing exemptions from state minimum wage and recordkeeping standards. After minor league players formed a union in 2022, minor league players represented by the Major League Baseball Players Association (MLBPA) signed their first collective bargaining agreement with Major League Baseball (MLB) in 2023. This exemption actualizes that existing collective bargaining agreement between the players union and MLB. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR. |
| SB 266 | Passed | Cruce | This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or curing deficient absentee ballots.
Section 1 revises the terms and definitions for Title 15 as follows:
• Repeals obsolete terms.
• Revises current terms and definitions to accurately reflect the organization of the Department of Elections (Department), the use of electronic voting systems, and conform to drafting standards.
• Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s election laws.
Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. This section specifically provides for all the following:
• An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional residence associated with real property.
• An individual does not lose their place of residence if the individual intends to return after an absence, such as for education, military service, incarceration, or obtaining or providing medical care.
• If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facia evidence of a change in residence.
• An individual’s residence changes and the individual forms a new residence if the individual inhabits a new location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on residence at a new location.
• How a dispute regarding an individual’s place of residence is determined and appealed.
Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c. 170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing improvements to voting technology. Specifically, these updates:
• Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15.
• Provide for the designation of the software, which includes the version of that software, that must be installed on voting devices before each statewide general election.
• Expands the criteria that must be considered when designating the software that must be used on voting devices, including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides certainty and stability instead of relying on the continued existence of a federal certifying entity.
• Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner (Commissioner) must designate the software required for the next statewide general election and that this software can be used for elections held during the next 2 years.
• Explicitly allows the Commissioner to change the designated version of voting device software if necessary to address a material security flaw in the previously designated software.
• Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15.
• Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals language about party designees that is obsolete because this testing is open to the public.
• Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections. The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits). The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections.
• Repeals provisions that unnecessarily repeat requirements in other sections.
Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section 1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for tabulating absentee ballots under § 5510 of Title 15.
Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15.
Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically,
Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to align with the revisions under Section 1 of this Act.
Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15.
Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the revisions under Section 1 of this Act.
Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows:
• Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act.
• Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is followed for primary elections and repealing confusing language.
• Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot.
Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of Title 15.
Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 341 w/ HA 1 | Committee | Chukwuocha | This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT. |
| HB 355 w/ HA 1 | Committee | Morrison | The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment.
Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION. |
| HA 1 to HB 355 | Passed | Morrison | This Amendment removes "shall be entitled to the following damages" and removes the list thereafter from the Act and substitutes that language with "may be entitled to attorneys' fees and costs" to better reflect current Delaware practice and to provide the Court with more discretion in determining fees. | |
| HA 1 to HB 341 | Passed | Chukwuocha | This Amendment clarifies that child support obligations for a child in DSCYF care are determined by the Delaware Child Support Formula, rather than DHSS regulations as alluded to in § 7940 of Title 29. | |
| HB 371 | Committee | Vanderwende | This Act removes the requirement that the counties each establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT. |
| SB 18 w/ SA 1 + HA 2 | Passed House | Mantzavinos | This Act repeals the existing Chapter 23 of Title 5 and replaces it with the “Delaware Money Transmission and Virtual Currency Modernization Act.” This Act modernizes the State’s regulatory framework for money transmission and addresses the emergence of virtual currency. The Act allows the State Bank Commissioner to coordinate with other states in the licensing and supervision of money transmitters, utilizing the NMLS system. The Act establishes new safety and soundness standards, including a tiered net worth requirement based on total assets and updates surety bond requirements scaled to a licensee’s average daily money transmission liability.
The Act standardizes receipt requirements for both fiat and virtual currency transactions, provides a 10-day refund window for certain transmissions, and establishes specific disclosure rules for payroll processing services. This Act provides a 6-month window for general compliance and a 1-year period for licensees to meet new net worth and permissible investment standards.
This Act creates new regulatory framework for virtual currency business activity. It defines virtual currency and virtual currency business activity. It mandates specific consumer disclosures regarding the risks of virtual currency and establishes that virtual currency held by a licensee is a pro rata property interest not subject to the claims of the licensee’s creditors.
The Act allows the Commissioner to adopt rules and regulations for the administration of this chapter. The Act is to be implemented the earlier of 1 year from the date of the Act’s enactment or notice from the State Banking Commissioner that final regulations have been promulgated.
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 OF THE DELAWARE CODE RELATING TO MONEY TRANSMISSION. |
| SS 2 for SB 19 w/ HA 2 | Passed House | Mantzavinos | This Act is a second substitute for Senate Bill No. 19. This substitute bill differs from Senate Bill No. 19 by doing the following:
(1) Reorganizing the proposed "Delaware Payment Stablecoins Act" as Chapter 35 of Title 5, rather than Chapter 40 as originally proposed in Senate Bill No. 19.
(2) Creating § 3508, which restricts non-financial public companies from issuing payment stablecoins.
(3) Creating § 3518, which establishes a voluntary registration pathway for digital asset service providers rather than through the licensing process as originally proposed in Senate Bill No. 19.
(4) Creating § 3556, which establishes procedures for the insolvency of a payment stablecoin issuer.
(5) Creating a new definition of “control” to better align with the bill.
(6) Expanding the definition of “registered public accounting firm” to include certified public accounting firms that meet the standards established by the Delaware Board of Accountancy.
(7) Making appropriate technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
Senate Substitute No. 2 for Senate Bill No. 19 establishes the Delaware Payment Stablecoin Act under Title 5 of the Delaware Code. It creates a licensing framework for payment stablecoin issuers and digital asset service providers operating with or on behalf of Delaware residents. The Act adopts definitions drawn from the federal Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), Pub. L. 119-27, and from the Office of the Comptroller of the Currency's proposed rulemaking implementing that statute (Docket ID OCC-2025-0372), where those definitions do not duplicate existing Delaware law. The Act establishes reserve requirements including reserve shortfall remediation cascades, mandatory redemption timing standards, capital standards, anti-money laundering obligations, data privacy statutory floors, change-in-control notice procedures, custody safeguards, a federal-to-state charter conversion pathway, and strong preemption provisions. The State Bank Commissioner is directed to promulgate implementing regulations within specified timeframes to align Delaware's framework with evolving federal standards.
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 enact or amend the general incorporation law. | AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO STABLECOINS. |
| SS 1 for SB 16 w/ SA 1 | Passed | Mantzavinos | This Act is a substitute for Senate Bill No. 16. This Act differs from the original bill in two ways:
(1) Clarifying this Act requires a greater than majority vote for enactment.
(2) Providing that Section 5 of this Act is to be implemented the earlier of 1 year from the enactment date or notice by the State Banking Commissioner that final regulations have been published and promulgated.
This Act, known as the “Delaware Banking Modernization Act of 2026,” amends Title 5 of the Delaware Code to update and modernize various provisions of the Delaware Banking Code. The Act addresses digital assets, expands the State Bank Commissioner’s authority, modernizes corporate governance and organizational requirements for state chartered banks and trust companies, facilitates interstate trust company operations and conversions, and expands the authority of out-of-state financial institutions to act as fiduciaries in Delaware. The following is a section-by-section summary of the Act’s provisions:
Section 1 provides that the Act may be cited as the “Delaware Banking Modernization Act of 2026.”
Section 2 amends § 101 of Title 5 to add two new defined terms to the Delaware Banking Code’s general definitions. First, it adds a definition of “Digital Asset,” which means any digital representation of value recorded on a cryptographically-secured distributed ledger or similar technology, including virtual currency. Second, it adds a definition of “Virtual Currency,” which means a digital representation of value used as a medium of exchange, unit of account, or store of value that is not money and is not denominated in money. The definition excludes loyalty or rewards program credits that cannot be exchanged for money or bank credit, and digital representations of value issued by a publisher and used solely within an online game or game platform.
Section 3 amends § 103 of Title 5 to expressly authorize the State Bank Commissioner to contract for and procure additional independent consulting, legal, technical, and professional services as needed to discharge the duties of the office.
Section 4 amends § 167 of Title 5, which governs the definitions applicable to the change-of-control subchapter for Delaware-chartered banks and trust companies. The amendment makes two changes to the definition of “Control.” First, it modifies the presumption-of-control provision that applies when a person acquires 10 percent or more of a class of voting stock—replacing the phrase “an aggregate” proportion with “a greater” proportion and the word “the” with “that” to clarify the ownership comparison standard. Second, it adds new authority for the State Bank Commissioner to permit the establishment of banks and trust companies authorized to exercise all or fewer than all of the powers conferred by Title 5, including institutions whose powers are limited in their articles of association and by order of the Commissioner. The Commissioner is also authorized to promulgate regulations to carry out this authority, including adopting different application forms with varying requirements based on the risk profile of the proposed activities.
Section 5 amends § 701 of Title 5 to clarify the application of Chapter 7 to banks and trust companies. It expressly authorizes the State Bank Commissioner to approve the establishment of institutions with "all or less than all" of the powers typically conferred by the chapter, including those with powers limited by their articles of association. It further grants the Commissioner regulatory authority to adopt different application requirements based on the underlying risks and proposed activities of the institution.
Section 6 amends § 723 of Title 5 to provide that the articles of association of a state-chartered bank must state the number of directors, or the manner of fixing such number, which in no case may be fewer than five. This amendment adds flexibility by permitting the articles to specify a method for determining the number of directors rather than requiring a fixed number to be stated.
Section 7 amends § 728 of Title 5 to update the information required in a bank’s articles of organization. The amendment modernizes the address requirement by replacing “residence and post-office address” with “business, post office or mailing address” for each officer of the corporation, reflecting contemporary address conventions.
Section 8 amends § 742(a) of Title 5 to clarify that the number of directors constituting a bank’s board shall be “fixed by, or in the manner provided in,” the articles of association, rather than merely “specified in” the articles. This change is parallel to the amendment made in Section 5 and provides greater organizational flexibility while maintaining the five-director minimum.
Section 9 amends § 761 of Title 5, which governs a bank’s authority to hold and manage personal property in a fiduciary capacity, by adding a new subsection (c) providing that “personal property” for purposes of that subchapter includes digital assets. This amendment ensures that Delaware-chartered banks exercising fiduciary powers may hold and administer digital assets on behalf of customers.
Section 10 amends § 777 of Title 5 to remove a restriction on limited purpose trust companies that previously required such entities to be operated in a manner that would not attract customers from the general public to the substantial detriment of existing Delaware banks or trust companies. Removal of this provision is intended to eliminate a potentially anti-competitive restriction and facilitate the establishment of new limited purpose trust companies in Delaware.
Section 11 amends § 783 of Title 5, which governs the merger of state banks and the conversion of national banks into state banks, by adding two new subsections. New subsection (b) provides that in a bank merger, all fiduciary appointments, designations, and nominations—including positions as trustee, executor, administrator, custodian, and guardian—automatically vest in the resulting bank without any court order, while preserving the right of any interested party to seek a judicial determination regarding continuation of fiduciary service. New subsection (c) provides the same automatic vesting of fiduciary rights for conversions of national banks or federal savings associations into state banks.
Section 12 amends the title of Subchapter VII of Chapter 7 of Title 5 to rename it “Merger, Consolidation or Conversion with or of Out-of-State Banks and Out-of-State Trust Companies.” The amendment adds “Conversion” and “Out-of-State Trust Companies” to the subchapter title to reflect the expanded scope of the provisions contained in Sections 12 through 16 of this Act.
Section 13 amends § 795 of Title 5 to add five new defined terms applicable to the interstate merger and conversion subchapter: (1) “Delaware state trust company,” meaning any trust company chartered under the laws of Delaware; (2) “Out-of-state trust company,” meaning an out-of-state state trust company or an out-of-state national trust bank; (3) “Out-of-state state trust company,” meaning any trust company chartered under another state’s laws that is not engaged in the business of receiving non-trust deposits; (4) “Out-of-state national trust bank,” meaning a national bank whose operations are limited to trust company activities not located in Delaware; and (5) “Trust Company,” meaning either a Delaware state trust company or an out-of-state trust company.
Section 14 amends § 795A of Title 5 to broaden the express statement of legislative intent for the interstate banking subchapter. In addition to permitting interstate branching by merger under the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, the amendment adds the stated intent of facilitating the relocation of out-of-state banks and out-of-state trust companies to Delaware.
Section 15 amends § 795B of Title 5 to add a new subsection (d) permitting a Delaware state trust company, with prior written approval of the State Bank Commissioner, to establish, maintain, and operate branch offices, trust offices, or other places of business in other states pursuant to an interstate merger or conversion transaction in which the Delaware state trust company is the resulting entity.
Section 16 amends § 795D of Title 5, which governs mergers and conversions resulting in a Delaware state bank, to add parallel provisions for out-of-state trust company mergers and conversions resulting in a Delaware state trust company. New subsection (c) authorizes out-of-state state banks to convert into Delaware state banks and out-of-state trust companies to convert into limited purpose trust companies with prior written approval of the State Bank Commissioner, subject to applicable federal and home-state law. New subsection (d) establishes a deemed-approval mechanism if the Commissioner takes no action within 30 days of receiving a completed conversion application. New subsection (e) sets forth the required application materials for a converting institution. New subsection (f) specifies that the legal effect of an approved conversion follows the procedures of Title 8, Chapter 1 (for corporations) or Title 6, Chapter 18 (for limited liability companies), as applicable. New subsection (g) conditions Commissioner approval on satisfaction that adequate provision has been made for successors to any fiduciary positions held by a merging or converting institution that will not exercise trust powers following the transaction. New subsections (h) and (i) provide for the automatic vesting of fiduciary appointments in the resulting bank or trust company following a merger or conversion, respectively, mirroring the provisions added to § 783 by Section 9 of this Act.
Section 17 amends § 795I of Title 5 to add a new subsection (c) expressly authorizing a Delaware state trust company to conduct activities at any branch office or other place of business outside Delaware that are permissible for a Delaware state trust company and permissible under the laws of the state where the office is located.
Section 18 amends § 913 of Title 5, which addresses the authority of national banks to act as fiduciaries in Delaware, to add a new subsection (b) extending comparable authority to banks and trust companies organized under the laws of any other state. Specifically, an out-of-state bank or trust company that is duly authorized under its home state’s laws and organizational documents to act in a fiduciary capacity may be appointed by will, deed of trust, or other agreement as executor, guardian, trustee, or other fiduciary in Delaware—but only to the extent that the laws of the institution’s home state confer reciprocal fiduciary powers on Delaware-chartered banks and trust companies.
Section 19 amends § 1622 of Title 5, which governs articles of association for savings banks, to parallel the amendment made to § 723 in Section 5 of this Act. The amendment requires the articles of association to state the number of directors, or the manner of fixing such number, which in no case may be fewer than five.
Section 20 amends § 1627 of Title 5 to parallel the amendment to § 728 made in Section 6 of this Act, updating the address information required in a savings bank’s articles of organization from “residence and post-office address” to “business, post office or mailing address” for each officer.
Section 21 amends § 1642(a) of Title 5 to parallel the amendment to § 742(a) made in Section 7 of this Act, clarifying that the number of directors for a savings bank board shall be “fixed by, or in the manner provided in,” the articles of association rather than merely “specified in” the articles, while retaining the five-director minimum.
Section 22 amends § 1661 of Title 5, which governs the authority of savings banks to hold personal property in a fiduciary capacity, to add a new subsection (c) providing that “personal property” for purposes of that subchapter includes digital assets, paralleling the amendment made to § 761 in Section 8 of this Act.
Sections 1 through 4 and Sections 6 through 23 are effective immediately. Section 5 is also effective immediately; however, it is to be implemented the earlier of the following: 1 year from the date of the Act’s enactment or notice by the State Banking Commissioner that final regulations have been published and promulgated.
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 or enact any special act of incorporation. | AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO DELAWARE BANKS AND TRUST COMPANIES. |
| SJR 14 w/ SA 1 | Passed | Cruce | This Joint Resolution directs the Department of Education to compile and submit a comprehensive report regarding the workforce data and compensation of education support professionals for the most recent school year. The report must identify staffing levels, vacancies, average wages paid, and the number of employees earning below a $40 hourly wage threshold. The Department is further required to recommend pay scales that align with a minimum living wage and submit its findings to the General Assembly and relevant state offices by November 2, 2026. | DIRECTING THE DEPARTMENT OF EDUCATION TO CONDUCT A STUDY AND REPORT ON WORKFORCE DATA RELATING TO PUBLIC EDUCATION SUPPORT PROFESSIONALS. |
| HB 414 | Committee | Romer | This Act clarifies that the grant of exclusive jurisdiction to the Superior Court over violations of 11 Del C. § 1444 (possessing a destructive weapon), applies only to an adult defendant. Jurisdiction over minors remains with the Family Court. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSING A DESTRUCTIVE WEAPON. |
| SB 316 | Passed | Mantzavinos | Currently, 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. |
| HCR 131 | Passed House | Osienski | This House Concurrent Resolution requests the Department of Labor to evaluate the feasibility of apprenticeship programs for school-based mental health professionals and submit a report to certain members of the General Assembly, the Office of Management and Budget, and the Controller General by November 1, 2026. | REQUESTING THE DEPARTMENT OF LABOR EVALUATE THE FEASIBILITY OF APPRENTICESHIP PROGRAMS FOR SCHOOL-BASED MENTAL HEALTH PROFESSIONALS. |
| HS 1 for HB 329 w/ HA 1 | Committee | Collins | This Act's purpose is to create checks and balances between the Executive and Legislative Branches of State government relating to Emergency Orders. This Act recognizes the authority of the Governor to act in the event of an emergency by allowing the Governor to declare an emergency for 120 days and to renew that order for up to 60 more days, for a total of 180 days. Thereafter, to extend or renew the emergency order beyond the 180 days, such order will be subject to actions taken by the General Assembly.
The Governor may terminate any emergency order or renewal order at any time.
This substitute bill clarifies that after an Emergency Order has been in effect for 180 days, the General Assembly may act to terminate or amend the Order, but the Order could continue to be renewed until the Governor or the General Assembly act to the contrary.
Also, the substitute requires a report to the General Assembly every 30 days during the continuation of a State of Emergency. | AN ACT TO AMEND TITLES 20 AND 29 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT AND EMERGENCY REGULATIONS. |
| SB 327 | Passed | Mantzavinos | This 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. |
| HCR 137 | Passed House | Berry | This House Concurrent Resolution requires the Delaware Department of Education to review the State's current MTSS framework in coordination with the DE Mathematics Framework as it relates to elementary, middle, and high school mathematics within academic and non-academic supports to develop recommendations to strengthen instructional coherence in math, assessment, and the alignment of support across all tiers of instruction and report findings and recommendations for legislative and regulatory action by June 30, 2027. | REQUIRING THE DEPARTMENT OF EDUCATION TO REVIEW AND REPORT ON DELAWARE MATHEMATICS INSTRUCTION AND MULTI-TIERED SYSTEM OF SUPPORT. |
| HB 435 | Committee | Minor-Brown | This Act prohibits individual, group, state employee, and Medicaid health plans from differentiating in the reimbursement rate of a health service based on whether the service was provided by a certified registered nurse anesthetist or by a physician. | AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO CERTIFIED REGISTERED NURSE ANESTHETISTS. |
| HB 443 | Committee | K. Williams | This Act provides clarification that all individuals currently or prospectively serving as mentors to one or more students through a mentoring program under the Department of Education must submit to state and federal criminal background checks, and that they are subject to continued criminal record monitoring for 1 year. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR VOLUNTEERS IN EDUCATION. |
| HB 444 w/ HA 1 | Committee | Lambert | This Act amends Chapter 1 of Title 15 and adds a Part VII and Chapter 81 to Title 15 of the Delaware Code to establish a “Delaware John Lewis Voting Rights Act,” (“the Act”).
Section 1 of the Act amends Chapter 1 of Title 15 to provide definitions necessary for implementation of the Act. Chapter 1 is also amended to ensure that the purpose of Title 15 includes a stated public policy of equal opportunity to participate in the political process. Section 2 adds a “democracy canon” which instructs those charged with interpreting statutes, rules and regulations and local laws or ordinances related to the elective franchise to construe the election laws in favor of protecting and making accessible the right to vote.
Section 3 of the Act adds a Part VII and Chapter 81 to Title 15 of the Delaware code to establish a “Delaware Voting Rights Act,” (“the Act”).
Subchapter I of Part VII lists the mechanisms to challenge voting discrimination, specifying that election policy and practices approved by the General Assembly can be invalidated if they violate the Delaware Constitution, and stating that election laws or practices of a political subdivision or of officials with authority over elections acting within their discretionary authority may be invalidated if they cause prohibited voter suppression or dilution.
Prohibited voter suppression prevents election policies or practices that result in, are likely to result in, or are motivated in whole or in part by the intent to result in: 1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or 2) based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process. A violation must be attributable to an action of the Department of Elections or a political subdivision. Voter suppression is not present where (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest; and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate. Voter suppression claims do not require evidence of intentional discrimination.
Prohibited vote dilution prevents methods of election that have the effect, will likely have the effect, or are motivated in part by the intent of diluting the vote of protected class members. A violation is established when elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or based on the totality of the circumstances, the equal opportunity, or ability of protected class members to nominate or elect candidates of their choice is impaired. To establish the violation, it must be shown that another method of election or changes to the existing method of election could constitutionally be adopted or ordered and would likely mitigate the impairment.
Subchapter I also includes guidelines regarding voter suppression and voter dilution determinations under the Act. It outlines that legal standing will be conferred broadly under the Act, and individuals, organizations, or the Attorney General can bring actions to enforce the prohibitions in a court of competent jurisdiction. Plaintiffs are required in most circumstances to give defendants pre-suit notice under the Act, and defendants may prevent litigation by working with the potential plaintiff to implement a remedy to the alleged violation. Subchapter I also establishes a standard for evaluating a claim where a party seeks preliminary relief. The Subchapter also includes remedies that a court of competent jurisdictionis authorized to provide upon a finding of illegal voter suppression or dilution and allows attorneys’ fees for prevailing plaintiff parties in judicial actions and recovery of costs for those who submit a pre-suit notice letter when jurisdictions voluntarily enact changes after receiving said notice letter up to a $ 60,000 cap, adjusted for inflation. When an entity plans to voluntarily adopt a new election policy or practice after the filing of a lawsuit, the entity shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal. After the adoption of any remedy, the entity must hold at least one public education event during which they explain all changes to elections resulting from the remedy.
Subchapter II of the Act requires the Department of Elections (“DOE”) to designate 1 or more languages, other than English, for which assistance will be available in elections for local offices if DOE finds that a significant and substantial need exists for such assistance. A finding of significant and substantial need is mandated when more than 2%, but in no instances fewer than 100, of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals or more than 1,000 of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals. DOE shall distribute to affected jurisdictions and publish annually on its website a list of each local office in which language assistance shall be provided and the languages that assistance will be provided in. The Subchapter requires affected local offices to provide this assistance and outlines the materials that are subject to language assistance. The Subchapter also requires DOE to establish a process, which shall include public comment, whereby electors and impacted organizations may petition DOE to decide that there is significant and substantial need for language assistance in a local office that DOE has not previously determined to have such significant and substantial need. The Subchapter also makes clear that limited English proficient individuals may receive assistance from a person of the voter’s choice when voting equivalent to the allowance given to voters with blindness, disability, or illiteracy. The Subchapter also indicates that individuals, organizations, or the Attorney General may bring an action in a court of competent jurisdiction to enforce the Subchapter, and that attorneys’ fees shall be made available to prevailing plaintiff parties.
Subchapter III of the Act prevents intimidation, deception, or obstruction of the right to vote. Under the Subchapter, a person, whether acting under color of state law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector’s right to vote and provides guidance regarding activity that would be considered intimidation, deception, or obstruction of the right to vote. Individuals, organizations, or the Attorney General may bring an action to enforce the prohibitions in a court of competent jurisdiction, and upon finding a violation, the court shall implement appropriate remedies that are tailored to remedy the violation. Damages available to a prevailing plaintiff party upon a finding of a violation include nominal damages for any violation and compensatory or punitive damages for any intentional violation. Attorney’s fees shall also be available for prevailing plaintiff parties.
Section 4 of the bill declares that the Act is severable.
| AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO THE DELAWARE JOHN LEWIS VOTING RIGHTS ACT. |
| HB 451 w/ HA 1 | Committee | K. Johnson | This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent.
The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework:
1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class.
2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest.
3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative.
The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required.
The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law.
This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law.
| AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO FAIR HOUSING AND DISPARATE IMPACT LIABILITY. |
| HB 452 | Committee | Chukwuocha | Although the Delaware Interscholastic Athletic Association is a unit of the Department of Education, officials are currently allowed to serve without completing background checks before serving. This Act provides that in the event an official for the DIAA is not an individual required to undergo a background check under the law that requires employees, contractors, and volunteers of the Department of Education to meet certain background check requirements, the DIAA must promulgate regulations requiring background checks of officials that meet the same requirements as those for employees, contractors, and volunteers of the Department.
This Act further requires that officials complete diversity and anti-discrimination training, and requires student athletes to complete annual sportsmanship and anti-harassment training.
This Act also clarifies that member schools must fully cooperate with DIAA investigations of alleged regulatory violations.
Finally, this Act makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.
This Act takes effect on the earlier of July 1, 2027 or the date of notice in the Register of Regulations that regulations implementing this Act have been promulgated. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION AND BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES. |
| HB 459 w/ HA 1 | Committee | Neal | This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS. |
| HB 463 | Committee | K. Williams | This Act requires modifications to exemptions from county taxation to reasonably reflect changes in property value and inflation. This Act also requires New Castle County to use the same eligibility criteria and calculation formula for exemption from school taxes that it used for county taxes in the fiscal year that began July 1, 2025. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LOCAL SCHOOL TAXES. |
| HB 462 | Committee | K. Williams | In 2025, the General Assembly passed House Bill No. 242 (now found at Chapter 135, Volume 85 of the Laws of Delaware), allowing school districts located entirely in New Castle County to use different tax rates for residential and non-residential properties. This Act amends the Delaware Code to continue the authority for non-vocational technical school districts in New Castle County to utilize a residential and non-residential tax rate for school tax purposes. Such a split rate may be established or adjusted in the year after a general reassessment or as part of a referendum. The rate must be uniform for each class of property. Under this Act, the non-residential rate must be at least equal to the residential rate and may be no more than 1.85 times the residential rate. For purposes of the split tax rate, a school district must follow the classifications of the county in which the district is located.
Under the transition provisions of this Act, a district that initially established split tax rates under the authority of House Bill No. 242, may continue to use those split rates at the same or a lower ratio between residential and non-residential tax rates established in the 2025-2026 tax year. But if a district’s non-residential tax rate for the 2025-2026 tax year was more than 1.85 times the residential tax rate, it must adjust its rates to meet the 1.85 maximum ratio permitted under this Act. The New Castle County Vocational Technical District may not continue the use of different tax rates past the 2025-2026 tax year.
The Act also changes the amount a school district must add to its tax rate to account for delinquencies and late payments to “up to 10%” rather than requiring that a school district must add exactly 10% to its tax rate for this purpose.
This Act also makes technical corrections to conform this chapter of the Delaware Code to the Delaware Legislative Drafting Manual and strikes references to the City of Wilmington School District, which no longer exists. It also revises § 1913 of Title 14 to reflect current practice. It strikes an outdated requirement in § 1918 of Title 14 that the school districts deliver a copy of the assessment list to the County along with their tax warrant. This is inconsistent with the role of the school districts and with current practice.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL TAXES. |
| HB 470 w/ HA 3 | Committee | Osienski | This Act adds a definition of “utility battery energy storage system” to Chapter 10 of Title 26 of the Delaware Code. Under the definition of “utility battery energy storage system,” battery storage systems that store electricity from the electric grid and discharge the electricity at a later time are not considered generation or a generation unit for electricity when owned and operated by a public electric utility.
This Act also authorizes Delmarva Power to own and operate battery energy storage systems after appropriate review and approval by the Delaware Public Service Commission. To mitigate any cost shifts or negative impacts on ratepayers, the Act requires Delmarva Power to make best efforts to maximize all applicable value streams from any battery energy storage systems, including participating in applicable PJM markets and utilizing its battery energy storage systems to realize potential savings through distribution-level services.
| AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND BATTERY ENERGY STORAGE SYSTEMS. |
| HB 455 | Committee | Ortega | This Act creates a special license plate for Preservation Delaware, Inc., a statewide nonprofit whose mission is dedicated to the preservation of Delaware’s architectural heritage and historic settings through education, public policy initiatives, and technical assistance.
This Act requires a greater-than-majority vote for passage because Article VIII, § 4 of the Delaware Constitution requires the affirmative vote of 3/4 of the members elected to each house of the General Assembly to appropriate money to any county, municipality, or corporation. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. |
| HB 467 w/ HA 1 | Committee | Harris | This Act provides that a landlord may not require a tenant to use a particular renters insurance company as long as the tenant maintains renters insurance according to the terms of the rental agreement. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENTERS INSURANCE. |
| HCR 148 | Passed House | Kamela Smith | This Concurrent Resolution urges the Delaware Department of Human Resources to develop a statewide educational strategy on menopause to support public and private organizations and to improve understanding of menopause’s impact on Delaware’s workforce.
This report is due no later than June 30, 2027.
| A CONCURRENT RESOLUTION URGING THE DELAWARE DEPARTMENT OF HUMAN RESOURCES TO DEVELOP A STATEWIDE EDUCATIONAL STRATEGY ON MENOPAUSE. |
| HB 468 w/ HA 1 | Committee | Bush | This Act modernizes Delaware’s emergency communications infrastructure by transitioning the State’s legacy Enhanced 911 (E911) system to a Next Generation 911 (NG911) system and updating the funding structure needed to support a statewide emergency communications network. Delaware’s current E911 system is funded through a monthly surcharge of $0.60 per telephone line, which has remained unchanged since 2001.
This Act also authorizes periodic adjustments or scheduled increases in the surcharge to account for inflation, technological upgrades, and the growing operational costs associated with maintaining a modern emergency communications system.
The transition to NG911 will allow Delaware’s public safety answering points (PSAPs) to support modern communications technologies, including text-to-911, multimedia communications, improved geolocation capabilities, and enhanced data sharing with first responders. These capabilities require significant upgrades to network infrastructure, cybersecurity protections, geographic information systems (GIS), and redundancy to ensure reliability during emergencies.
Revenue generated by the updated surcharge structure will be deposited into the 911 System Fund and used for costs associated with planning, deploying, operating, and maintaining the statewide NG911 system. Eligible expenditures include network infrastructure, call handling equipment, software systems, cybersecurity protections, GIS data management, training of emergency communications personnel, and other costs necessary to operate a modern statewide emergency communications system.
By establishing a sustainable funding mechanism and enabling the transition to NG911, this Act ensures that Delaware’s emergency communications system can meet current and future public safety needs, improve response times, and provide residents with access to modern emergency communication capabilities.
Finally, this Act makes technical changes to existing statutory language to conform with the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMERGENCY SERVICES. |
| HS 1 for HB 425 | Committee | Minor-Brown | This Act increases the salary supplement for school counselors and school nurses from 6% to 12% upon national certification. It further clarifies that salary supplements only apply if the employee is employed in the applicable profession and permits the DOE to identify additional positions subject to a salary supplement in Department regulations.
This Substitute includes school social workers in those employees eligible for a 12% salary supplement. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EMPLOYEES AND SALARY SUPPLEMENTS. |
| SCR 217 | Passed | Buckson | This Senate Concurrent Resolution proclaims October 6, 2026, as “National Coaches Day” in the State of Delaware. | PROCLAIMING OCTOBER 6, 2026, AS "NATIONAL COACHES DAY" IN THE STATE OF DELAWARE. |
| SCR 221 | Passed | Lockman | This resolution recognizes August 26, 2026, as "Women's Equality Day" in the State of Delaware. | RECOGNIZING AUGUST 26, 2026, AS "WOMEN'S EQUALITY DAY" IN THE STATE OF DELAWARE. |
| SCR 215 | Passed | Richardson | This Senate Concurrent Resolution recognizes November 2026 as "National Adoption Month" in the State of Delaware. | RECOGNIZING THE MONTH OF NOVEMBER 2026 AS "NATIONAL ADOPTION MONTH" IN THE STATE OF DELAWARE. |
| SCR 219 | Passed | Brown | This Concurrent Resolution recognizes June 19, 2026, as "Juneteenth National Independence Day" in the State of Delaware, and encourages the people of Delaware to reflect upon the significance of this day and honor its legacy with appropriate activities and events. | RECOGNIZING JUNE 19, 2026, AS "JUNETEENTH NATIONAL INDEPENDENCE DAY" IN THE STATE OF DELAWARE. |
| HS 1 for HB 450 | Committee | Bush | This Act is a Substitute for House Bill No. 450. Like House Bill No. 450, this Substitute Act is to be known as the Reforming Opportunities and Accelerated Development for Delaware Act (“ROAD-DE Act”) and will make significant changes to Delaware’s land use permitting process by building on Governor Meyer’s Executive Order No. 18, which created the Permitting Accelerator to reform policies, processes, and procedures that have accumulated over decades and are holding back jobs, housing, and other critical infrastructure statewide.
In 2019, a study of Delaware’s permitting process was undertaken. The study concluded that Delaware’s permitting process was significantly longer and more challenging than those of surrounding states in the region. In 2025, this State began digitizing permitting processes. During the initial stages of that effort, more than 52 hours of interviews with 57 stakeholders were conducted across state agencies, local governments, developers, and technical experts. Those interviews revealed that statewide delays are not driven by isolated performance issues. Rather, they stem from structural misalignment, sequential review processes, incentive distortions, and capacity constraints that compound across agencies.
Delaware’s permitting process can stretch beyond 24 months, placing this State at a distinct economic development disadvantage when it comes to attracting and growing businesses. In the region, Delaware’s competitors, including Maryland and Pennsylvania, can achieve substantially faster permit approvals, making them more attractive locations for economic development and affordable housing.
The 2019 and 2025 studies resulted in recommendations that the permitting process be streamlined and modified to improve accountability and eliminate redundancies within various government agencies, particularly within the Delaware Department of Transportation (“DelDOT”). To implement these recommendations, this Substitute Act, like House Bill No. 450, does all of the following:
(1) Section 1 of this Substitute Act requires DelDOT to base the threshold for determining if a traffic impact study is required on peak-hour trips, not vehicle trips per day, and set the minimum peak hour trips threshold at 500 peak-hour trips for residential developments and 500 peak-hour trips, excluding pass-by trips, for all other development types.
(2) Sections 2, 4, 6, and 8 of this Substitute Act require the counties and municipalities to base their threshold for determining if a traffic impact study is required on the same requirements as required for DelDOT in Section 1 of this Act.
(3) Sections 3, 5, 7, and 8 of this Substitute Act provide for certain residential density requirements.
(4) Section 9 of this Substitute Act requires DelDOT to deploy, operate, and maintain technological systems for the automated monitoring, analysis, and management of transportation infrastructure and traffic operations.
(5) Section 10 of this Substitute Act provides that engineering studies or traffic investigations conducted by DelDOT may include automated or continuous data collection systems, remote sensing technologies, digital imaging, algorithmic analysis of traffic patterns, and other technological methods used to evaluate roadway safety, traffic operations, and infrastructure conditions.
(6) Section 11 of this Substitute Act requires DelDOT to establish and collect transportation impact fees throughout this State and to use the moneys collected to fund off-site improvements to bring existing transportation infrastructure up to current State standards. Additionally, this Section requires DelDOT to use the moneys collected in the county in which the transportation impact fee was collected unless the county or the municipalities within the county fail to adopt the traffic impact study and residential density requirements under Sections 2 through 8 of this Act.
This Substitute Act differs from House Bill No. 450 as follows:
(1) Changes the residential density requirements provision contained in Sections 3, 5, 7, and 8 of this Substitute Act for the original Act.
(2) Requires DelDOT to consult with the applicable municipal government on how to spend the money collected from the transportation impact fee.
(3) Increases the amount of the surcharge DelDOT must assess on the transportation impact fee from 1% to 2%.
(4) Adds the Brownfield Development Program as 1 of the programs to receive money from the surcharge assessed on the transportation impact fee by DelDOT.
This Substitute 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 a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.
This Substitute Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 9, TITLE 17, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO LAND USE. |
| HB 471 w/ HA 1, HA 2, HA 3 | Committee | Harris | This Act clarifies that the operation of an off-highway vehicle (OHV) on shared private roadways within communities is presumed non-permissive. It also clarifies the time period for impoundment of an OHV. | AN ACT TO AMEND TITLE 21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES. |
| HB 472 w/ HA 1 | Committee | Bush | This Act removes from the Town of Cheswold certain parcels of real property within the Nobles Pond development that are currently within the territorial limits of the Town of Cheswold.
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 a municipal charter, whether directly, by amendment to a specific municipality’s charter, or indirectly, by a general law. | AN ACT RELATING TO THE TERRITORIAL LIMITS OF THE TOWN OF CHESWOLD. |
| SCR 214 | Passed | Buckson | This Senate Concurrent Resolution proclaims June 17, 2026, as "Day of Service" in the State of Delaware. | PROCLAIMING JUNE 17, 2026, AS "DAY OF SERVICE" IN THE STATE OF DELAWARE. |
| HA 1 to HS 1 for HB 329 | Passed | Collins | This amendment changes the effective date to the date when the Governor in office at the time this Act is enacted, for any reason, is no longer Governor. | |
| HS 1 for HB 415 | Committee | Griffith | This Act requires that all veterinarians report any suspected cruelty to animals to the Office of Animal Welfare or the appropriate reporting authority. Veterinarians must complete mandatory reporting training every 6 years and attest that they have completed mandatory training in any application for licensure or licensure renewal. The Board of Veterinary Medicine may impose disciplinary sanctions for violations of this Act. All reports provided by a veterinarian under this Act are confidential and may only be disclosed under specific circumstances. Under this Act, the Office of Animal Welfare and any other enforcement agency responsible for investigating animal abuse must adopt confidential procedures to protect the identity of the veterinarian making a report. | AN ACT TO AMEND TITLES 16 AND 24 OF THE DELAWARE CODE RELATING TO VETERINARIANS AND MANDATORY REPORTING REQUIREMENTS. |
| HS 1 for HB 407 w/ HA 1 | Committee | Heffernan | House Substitute No. 1 for House Bill No. 407, like the original, does all of the following: clarifies the ability of the Department of Natural Resources and Environmental Control (DNREC) to respond to emergent situations, expands the jurisdiction from which DNREC may file to recover costs, and makes certain changes to amounts deposited into the Hazardous Substance Cleanup Act Fund. Section 1 provides definitions for “Abate,” “Emergency,” and “Removal Action.” Section 2 clarifies the ability of the Secretary or their authorized employees or agents to determine if an emergency exists and take immediate action to abate the emergency without obtaining public comment. Section 3 allows the Department to authorize removal actions to address releases without first obtaining public comment, and to incorporate the removal action into any proposed plan of remedial action by DNREC. Section 4 expands the jurisdiction of the courts which DNREC may bring enforcement actions and recover costs. Section 5 increases the civil penalty for each fraudulent act from up to $10,000 to $40,000. Section 6 extends the end date from January 1, 2029, to January 1, 2037, for monies to be deposited into the Hazardous Substance Cleanup Act Fund (the “Fund.”) Section 7 provides the effective date of this legislation.
This Substitute differs from the original House Bill No. 407 in that it removes references to the realty transfer tax. | AN ACT TO AMEND TITLES 7 AND 30 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCES CLEANUP ACT AND THE REALTY TRANSFER TAX. |
| HA 1 to HS 1 for HB 407 | Passed | Heffernan | House Amendment No. 1 to House Substitute No. 1 for House Bill No. 407 removes language that was redundant. | |
| HS 1 for HB 320 w/ HA 1 | Committee | Minor-Brown | This Act is a Substitute for House Bill No. 320. Like House Bill No. 320, this Substitute Act is the first leg of an amendment to the Delaware Constitution to make necessary technical corrections identified by the Code Revisors and the Division of Legislative Services during the incorporation of amendments to the Delaware Constitution enacted during the first session of the 153rd General Assembly. This Substitute Act differs from House Bill No. 320 by removing the authority to make certain limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly.
Specifically, Sections 1 through 11 of this Act makes the following specific technical corrections:
(1) In Sections 1 and 2 of this Act, makes changes to §§ 17A and 17 B of Article II by removing an unnecessary “by” before “fraternal societies” in both Sections (lines 6 and 17), adding “Internal” to clarify in both Sections that the cited provision is in the Internal Revenue Code (lines 10 and 22, and making changes in Section 1 to ensure consistency with similar language in Section 2 (lines 10 and 11).
(2) In Section 3 of this Act, amends § 10 of Article III to correct errors caused by the enactment of House Bill No. 10 (153rd General Assembly) and Senate Bill No. 15 (153rd General Assembly) (lines 29 to 30).
(3) In Section 4 of this Act, amends § 19 of Article III to add a comma (line 35).
(4) In Section 5 of this Act, amends § 35 of Article IV remove unnecessary commas and add an Oxford comma (lines 42, 46, and 51).
(5) In Section 6 of this Act, amends § 37 of Article IV to remove a duplicate “the” (line 59).
(6) In Section 7 of this Act, amends § 1 of Article V to remove a duplicate comma (line 67).
(7) In Section 8 of this Act, amends § 4 of Article V to remove a duplicate “the” (line 76).
(8) In Section 9 of this Act, amends § 8 of Article V to remove an unnecessary “and” (line 125) and to add subsection designations to § 8 to increase readability and enable pinpoint amendments in the future.
(9) In Section 10 of this Act, amends § 10 of Article VIII to remove a duplicate “an act” (line 144).
(10) In Section 11 of this Act, amends § 2 of Article IX to add a “the” (line 148).
Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.
This Act requires a greater than majority vote for passage because § 1 of Article XVI 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 Delaware Constitution. | AN ACT PROPOSING AMENDMENTS TO THE DELAWARE CONSTITUTION RELATING TO TECHNICAL CORRECTIONS. |
| HS 1 for HB 457 | Committee | Kamela Smith | This Act amends section 137 of Title 17 of the Delaware Code to increase the requirement for a qualified independent appraisal from $10,000.00 to $25,000.00, to align with the current maximum threshold permitted by the Federal Highway Administration. This will allow DELDOT to more quickly complete smaller dispositions as property values continue to increase.
This House Substitute corrects an error in the synopsis of the original bill.
| AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACQUISITION AND SALE OF REAL PROPERTY. |
| SCR 218 | Passed | Buckson | This Senate Concurrent Resolution designates October 19-25, 2026, as "Free Speech Week" in the State of Delaware.
| DESIGNATING OCTOBER 19-25, 2026, AS "FREE SPEECH WEEK" IN THE STATE OF DELAWARE. |
| HS 1 for HB 439 | Committee | Kamela Smith | The Truth in E-Bike Marketing Act protects Delaware consumers from purchasing an electric moped or electric motorcycle with the belief that the device may be used in the same way as an electric bicycle, addressing a growing area of market confusion. It prohibits dealers from advertising high-powered motor vehicles using terms like "electric bicycle" or “e-bike” and also requires that sellers provide clear, written disclosures regarding the vehicle's legal classification, maximum power, and the necessity for registration, licensing, and insurance. The bill classifies failure to provide these disclosures as an unlawful business practice. Finally, the bill clarifies that mopeds may not be operated on public pathways, bike lanes, or sidewalks and that crashes involving electric bicycles or mopeds must be identified on the state’s crash reporting website.
House Substitute 1 to HB 439 makes the following changes:
1. Changes the term “dealer” to “commercial seller”.
2. Clarifies that this Act applies to electric mopeds and electric motorcycles.
3. Removes the provision requiring the DMV to approve the disclosure statement that must be provided to buyers.
4. Removes the provision requiring a copy of the signed disclosure statement be provided to the DMV.
5. Places the new section of Delaware Code created in Section 3 of this Act into its own chapter. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES. |
| HS 1 for HR 26 | Passed | Romer | This Resolution builds on House Resolution 14 by directing additional reporting by the Department of Health and Social Services to prepare reports on the Purchase of Care Program.
| UPDATING AND CONTINUING DIRECTIONS TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES REGARDING REPORTS ON DEMOGRAPHIC DATA IN EARLY CHILD CARE AND EDUCATION POPULATIONS. |
| HA 1 to HB 467 | Passed | Harris | House Amendment No. 1 to House Bill No. 467 clarifies that a landlord may initiate coverage from a specific insurer or insurance provider designated or affiliated with the landlord if a tenant fails to initiate or maintain required renters insurance and only as long as the tenant fails to initiate or maintain the required insurance. | |
| HA 1 to HB 468 | Passed | Bush | This Amendment removes language on line 295 that required an increase of 10 cents every 2 years after September 30, 2026 with a cap of $2.00 per month for the 911 System Fund. | |
| HA 1 to HB 471 | Passed | Harris | This House Amendment to House Bill No. 471 changes the penalty provision of this chapter. This amendment changes the fine for a second offense to $500 and adds a provision for a third offense with a penalty of permanent impoundment. | |
| HA 2 to SB 18 | Passed | Bush | This House Amendment No. 2 amends Senate Bill No. 18, as amended by Senate Amendment No. 1, by doing the following:
1. Clarifying the meaning of “Virtual currency.”
2. Clarifying the meaning of “Virtual-currency business activity.”
3. Clarifying the meaning of “Control of virtual currency.” | |
| HA 2 to SS 2 for SB 19 | Passed | Bush | House Amendment No. 2 to Senate Substitute No. 2 for Senate Bill 19 makes the following changes:
1. Removes “registered agent” from the definition of “resident.”
2. For reciprocal recognition, removes the requirement that the Commissioner determine the regulatory framework of the other state is substantially similar to those under the Act and removes the requirement that the other state’s framework have materially equivalent consumer protections.
3. Removes § 3514, which required registration of federally supervised entities and makes conforming changes throughout. | |
| HA 1 to HB 444 | Passed | Lambert | This amendment delays the effective date of the Act to July 1, 2027. | |
| HA 1 to HB 459 | Passed | Neal | This amendment clarifies that the prohibition of energy drink sales at school does not operate to restrict beverages a student brings to campus themself. | |
| HA 1 to HB 451 | Passed | K. Johnson | House Amendment No. 1 to House Bill No. 451 removes the land-use provisions, algorithm-related language, and enumerated covered practices. | |
| HA 1 to HS 1 for HB 320 | Passed | Osienski | This Amendment corrects a grammatical error in Section 18 of Article I of the Delaware Constitution by adding "a" between "in" and "manner".
At the Constitutional Convention of 1897, the Committee of the Whole adopted the phrase “in a manner”, which was consistent with previous versions of this Section that appeared in the 1792 and 1831 versions of the Delaware Constitution. However, when Section 18 of Article I was presented to the Convention for final approval, the phrase read “in manner". This error, brought to the attention of Delaware Law Related Education Center by a member of the Delaware Bar, is being documented by a University of Delaware student as an aid for teaching Delaware students about the process of amending their state constitution. | |
| HA 1 to HB 472 | Passed | Bush | This Amendment does all of the following:
(1) Makes technical corrections to each of the parcel numbers listed in Section 1 of this Act.
(2) Provides in Section 2 of this Act that, once removed from the territorial limits of the Town of Cheswold, these parcels are zoned “AR – Agricultural Residential”, as established under the ordinances of Kent County.
(3) Provides in Section 3 of this Act that this Act takes effect on July 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 a municipal charter, whether directly, by amendment to a specific municipality’s charter, or indirectly, by a general law. | |
| HA 2 to HB 471 | Passed | Harris | This House Amendment to House Bill No. 471 changes the penalty provision of this chapter. This amendment changes the fine for a second offense to $500 and adds a provision for a third offense with a penalty of permanent impoundment. | |
| HA 3 to HB 470 | Passed | Osienski | This amendment to HB 470 does the following:
(1) Clarifies the definition of a utility battery energy storage system.
(2) Requires any approval to include consideration of cost-effectiveness.
(3) Removes cost recovery language more favorable to Exelon shareholders than Delmarva Power customers.
(4) Adds language providing that cost recovery shall be in a manner approved by the Commission from the entire DP&L customer base.
(5) Requires Delmarva Power to submit reports detailing cost effectiveness. | |
| HA 3 to HB 471 | Passed | Spiegelman | This amendment removes golf carts from the definition of HOV. | |
