| SB 27 w/ SA 2 + HA 1 | Passed | Brown | This Act establishes the Office of New Americans to help improve the lives and economic prosperity of new Americans who come to Delaware and of all Delawareans generally. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF NEW AMERICANS. |
| HB 133 w/ HA 4 | Passed | Snyder-Hall | Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report.
This Act takes effect 180 days after its enactment. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS. |
| HB 214 | Passed | K. Williams | This Act removes the Director of Autism Resources ("Autism Resources"), formerly the "Statewide Director of the Delaware Autism Program," as a member of the Interagency Autism Committee ("ICA"). Autism Resources falls under the Department of Education, and changing this member to a representative of the Department lends more flexibility in selecting a member to represent the Department. This Act also removes the Delaware Family Voices member, because Delaware Family Voices now falls under the Parent Information Center, who already has representation on the ICA. In addition, under this Act the ICA or DNEA may make recommendations on the family and self-advocate ICA positions for consideration by the Governor.
This Act also updates the appointing authority for ICA members that represent non-governmental entities, because the power of appointment cannot be delegated to an entity which is not a part of the state government. See State ex rel. James v. Schorr, 65 A.2d 810, 812 (Del. 1948).
This Act also makes technical changes to make existing law conform with the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM. |
| HB 263 | Passed | K. Williams | This Act removes the Department of Education from the process related to funding for apprenticeships, as this is administered through the Department of Labor. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO TRAINING AND APPRENTICESHIP PROGRAMS. |
| HB 295 w/ HA 1 | Passed | Berry | This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for a veteran at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the veteran’s space.
Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21.
This Act takes effect 6 months after its enactment into law.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLES 21 AND 29 OF THE DELAWARE CODE RELATING TO A DESIGNATED PARKING SPACE FOR VETERANS AT STATE BUILDINGS. |
| HB 305 w/ HA 1 | Passed | Hilovsky | This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down healthcare costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded.
This Act requires no fiscal note in that this Pilot Program is to be federally funded through the Federal Rural Health Transformation Program. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIABETES WELLNESS PILOT PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO STUDY DIABETIC WELL CARE. |
| HB 310 w/ SA 1 | Passed | Heffernan |
This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS. |
| HB 309 w/ HA 1 | Passed | K. Williams | The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill. This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER. |
| HB 341 w/ HA 1 | Passed | 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 365 | Passed | Harris | This Act establishes a Commission on Indigenous Affairs to advance and protect the interests of the Indigenous population of Delaware. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE DELAWARE INDIGENOUS AFFAIRS COMMISSION. |
| HB 371 | Passed | 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. |
| HB 378 | Passed | Romer | This Act is a result of the Joint Legislative Oversight and Sunset Committee's (JLOSC) review of the Council on Correction. In 2021, JLOSC sponsored Senate Bill No. 129 of the 151st General Assembly, which, among other updates to the Council on Correction's statute, tasked the Criminal Justice Council with providing administrative support to the Council on Correction. This partnership was intended to provide the Council on Correction with needed staff support and training opportunities. SB 129 included a 5-year sunset provision to review the efficacy of the partnership.
Because the partnership has been successful, this Act removes the sunset provision so that the partnership may continue. Otherwise, the partnership will expire on September 17, 2026. | AN ACT TO AMEND CHAPTER 186, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO THE COUNCIL ON CORRECTION. |
| SB 306 w/ HA 1 | Passed | Huxtable | This Act amends the City of Rehoboth Beach’s Charter by making all of the following changes requested by The Commissioners of the City of Rehoboth Beach (Rehoboth Beach):
1. Adds qualifications for candidates to be eligible for election or appointment to serve as a member of The Commissioners, including the Mayor, and requires a candidate to file an affidavit of eligibility attesting that the candidate meets the required qualifications. A candidate for election or appointment must meet all of the following qualifications:
- The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The Commissioners.
- The candidate does not share a financial interest with a serving member of The Commissioners
2. Eliminates mileage reimbursement for non-resident Commissioners.
3. Updates the process for fixing the salaries for members of The Commissioners, including the Mayor, by allowing The Commissioners to fix the salaries by ordinance. An ordinance to increase salaries may not take effect earlier than 6 months after the ordinance is adopted.
4. Eliminates the Mayor’s civil and criminal jurisdiction because Rehoboth Beach has an Alderman and Assistant Alderman with civil and criminal jurisdiction. Also eliminates the Mayor’s duty to keep a docket of official acts and to report fines the Mayor imposes because the Mayor’s Court is eliminated. The Alderman and Assistant Alderman are required to record all official acts in the Alderman’s docket. Also, information regarding actions taken by the Mayor and the other Commissioners is available on Rehoboth Beach’s public website.
5. Adds a new subsection under Section 13 of the Charter to clarify that the Mayor retains the power to solemnize marriages in Rehoboth Beach, even though the Mayor’s Court is eliminated.
6. Eliminates the penalties for the Mayor failing to return documents and moneys belonging to Rehoboth Beach at the end of the Mayor’s term. Due to advancements in technology, the Mayor does not physically hold moneys belonging to Rehoboth Beach and documents belonging to Rehoboth Beach are stored electronically.
7. For violating an ordinance, increases the maximum fine from $500 to $2,500 and removes the penalties of imprisonment and being ordered to work while imprisoned.
8. Updates the Auditors of Accounts section to do all of the following:
- Require the appointment of 1 certified public accountant or accounting firm to serve as an independent Auditor of Accounts (Auditor) for a 5-year term.
- Prohibit reappointment of an Auditor until the expiration of 5 years since the Auditor last served.
- Remove the requirement that the Auditor to be a substantial freeholder in Rehoboth Beach.
- Change publication of the auditor’s report from a newspaper to the Rehoboth Beach website.
9. Removes the minimum valuation for real estate or improvements subject to assessment.
10. Adds the option for Rehoboth Beach to adopt county assessments for municipal tax purposes in compliance with Chapter 11 of Title 22 of the Delaware Code.
11. If Rehoboth Beach does not adopt county assessments, requires the Tax Assessor must reassess property at least every 5 years, to mirror the county reassessments required under § 8306 of Title 9 of the Delaware Code.
12. Updates the deadline for certification of a quarterly supplemental tax list to match Rehoboth Beach’s fiscal year.
13. Requires Rehoboth Beach to calculate the rolled-back rate and to provide notice of the difference between the rolled-back rate and the tax rate set by The Commissioners, as provided in § 1105 of Title 22 of the Delaware Code.
14. Changes the deadline for preparing the City Budget from May to March and changes the deadline for levying annual taxes from June to March because Rehoboth Beach’s fiscal year begins on April 1.
15. Updates the process for fixing the compensation or salary for Rehoboth Beach’s employees, officers, and agents, other than the members of the Commissioners, to conform with modern practices. Salary or compensation is fixed in the City Budget instead of at the annual meeting.
16. Removes The Commissioners’ powers to do all of the following because the powers are no longer relevant to present day and are no longer exercised by The Commissioners:
- Regulate the observance of the Sabbath Day.
- Establish and regulate pounds.
- Prohibit or impound wild or domestic animals.
- Impose taxes on dog owners.
- Collect a per capita tax on all persons who are qualified to vote in the annual municipal election.
17. Changes the cap on real estate taxes from $3,000,000 to 0.1% of the fully assessed value of all real estate located in Rehoboth Beach.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including reorganizing paragraphs, deleting redundant language, correcting typos and misspellings, fixing tabulation, and editing outdated or unclear language. The changes to Sections 7, 29A, and 38 of the Charter are technical changes and not substantive changes. These changes to these Sections to fix typos and misspellings, correct internal references, use consistent terms, and reorganize the Sections so that the language is more clear.
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. | AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH. |
| HB 409 | Passed | K. Williams | This adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment.
This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following:
(1) A massage establishment, as defined in § 5302 of Title 24.
(2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered.
This Act’s definition is based on those used by national and state human trafficking prevention organizations.
Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments.
This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROSTITUTION. |
| HB 408 | Passed | K. Williams | This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims.
To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE. |
| HS 1 for HB 356 | Passed | Burns | This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC.
Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology.
A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense.
Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence.
House Substitute 1 to HB 356 differs from HB 356 in the following ways:
(1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act.
(2) Clarifies the definition of PFAS or polyfluoroalkyl substances.
(3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years.
(4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years.
(5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility.
(6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. |
| SS 1 for SB 300 w/ SA 1 + HA 15, HA 16 | Passed | Sokola | This Act is a substitute for Senate Bill No. 300. Like SB 300, this Act requires firearm dealers to obtain a state license to sell or transfer firearms under Chapter 9B instead of the license to sell deadly weapons under Chapter 9 of Title 24. Like SB 300, this Act does all of the following:
-Establishes in statute factors that make a person ineligible to obtain a state license to sell or transfer firearms or to serve as a responsible person for a state license holder (licensee).
-Heightens and adds more specific security requirements.
-Heightens and centralizes recordkeeping and reporting requirements.
-Requires background checks for contractors and volunteers with access to the licensee's firearms or performing certain tasks for a licensee.
-Establishes training requirements.
-Includes a recurring inspection by the DSP to ensure licensees are in compliance with State law.
-Establishes civil penalties and possible license revocation in the event of violations.
This Act differs from Senate Bill No. 300 as follows:
-Changes the definition of firearm to reference 11 Del. C. § 222.
-Removes the license fee ranges that are dependent on the number of firearms sold or transferred and instead sets flat and established license fees at $300 for an initial license and $250 to renew a state license. This Act makes corresponding changes throughout to account for the change in license fee structure.
-Removes the licensee requirement to report firearm trace information to the Attorney General and the Attorney General’s publication of an annual report. Instead, firearm trace information will be provided as part of a licensee’s renewal application and will be provided to the General Assembly by the Delaware State Police (DSP).
-Background checks are required once every 2 years, instead of annually. Relatedly, the background check obtained by a licensee or responsible person is valid for 2 years for purposes of applying for an initial license or a license renewal under this chapter.
-Establishes December 31 of each year as the date that license renewal applications are due. Initial licenses that are granted after January 1 of each year may receive a prorated license fee. This Act makes corresponding changes throughout to account for the date change.
-Changes the DSP report about licensee status from an annual report due by December 1 to a biennial report due on March 1.
-Adds that the Delaware Department of Justice also has general investigative authority to investigate a breach of Chapter 9B. Under SB 300, only DSP had this authority.
-Removes the requirement that a licensee maintain all security system recordings for at least 3 years. DSP shall promulgate regulations that establish how long a licensee shall maintain recordings.
-The General Assembly shall expend any money collected in the Firearm Licensing Fund in furtherance of implementing this Act and Chapter 9 of Title 24.
-Delays implementation and gradually phases in the requirements in this Act, beginning by July 1, 2028, with DSP notification to people with valid special licenses to sell deadly weapons under Chapter 9 of Title 24 about the changes in law and the potential that a license under this Act may be required.
Changes made by this Act to Delaware’s licensing system are in recognition of a growing body of evidence that demonstrates that firearms dealers’ sales practices affect the probability of firearms entering the illegal market, and that policies designed to hold dealers accountable can curtail illegal use of firearms and the concomitant crimes.
According to the Johns Hopkins University Center for Gun Violence Solutions, utilizing data from the Centers for Disease Control, firearms are used in 78% of homicides that occur in Delaware. In addition to loss of life, firearm violence has an economic impact, costing Delawareans $1.3 billion per year, which amounts to $1,236 per resident. An article in the Journal of Urban Health found that in-state trafficking was 64 percent lower in places with strong firearm dealer regulations and oversight. A study published in the American Journal of Public Health, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates. The ATF has oversight over firearms dealers, but its efforts are insufficient. Though the ATF aims to inspect firearm dealers at least every three years, at the rate inspections are performed, a dealer can expect inspection only once every 9 years. ATF data reveals that, when they occur, dealer inspections generally yield a large number of violations. In sum, the frequency of violations and the rarity of inspections allow the possibility that dealers are violating law each year without any corrective action by the ATF.
According to data compiled by Brady United, there is State-specific evidence to suggest Delaware’s firearm licensing system would benefit from reform to protect the health and safety of our residents. According to 2017 through 2021 ATF data, 6,626 firearms were recovered in Delaware by law enforcement, after either having been used in a crime, found at a crime scene, or where the purchase or possession of the firearm was itself illegal (“crime guns”). Half of these crime guns were recovered by law enforcement within 3 years of retail purchase, which is indicative of potential firearm trafficking. The data also raises concerns about potential straw purchasing in our State, as there was a mismatch in the identity of the firearm purchaser and firearm possessor during a criminal offense in 72% of the traceable cases. Furthermore, 67% of the firearms recovered by law enforcement in this State were sourced from in-State firearm dealers. Delaware is also a significant supplier of crime guns to other states, most significantly Maryland (12.2% of the crime guns recovered come from Delaware dealers) and Pennsylvania (8.9% if the crime guns recovered come from Delaware dealers). | AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 24 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS DEALERS. |
| HB 414 | Passed | 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 315 w/ SA 1 + HA 1 | Passed | Brown | This act updates the Delaware Technical Innovation Program at Title 29 of the Delaware Code, Chapter 87A, Subchapter III by authorizing the Division of Small Business to provide matching funds or supplemental grant funds to eligible Delaware small businesses receiving federal SBIR or STTR awards in order to support research, development, commercialization, and economic benefit in this State. This act also authorizes the State to provide matching funds or supplemental grant funds to an eligible small business that has received a federal SBIR or STTR Phase I or Phase II award.
To qualify for funding under Title 29, § 8737A, a small business must have its principal place of business in Delaware and must certify that the funded work, related research and development, or commercialization activity will benefit the Delaware economy. The Division of Small Business shall administer the program using funds allocated or otherwise made available for such purpose and may establish application requirements, program guidelines, allowable uses of funds, award amounts, and such other criteria as are necessary to carry out § 8737A. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE TECHNICAL INNOVATION PROGRAM. |
| HJR 11 | Passed | Berry | This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation.
| DIRECTING THE JUDICIARY TO ESTABLISH A WORKING GROUP TO EXPLORE THE FEASIBILITY OF ESTABLISHING A HOUSING OPPORTUNITY AND POVERTY ELIMINATION (HOPE) COURT PROGRAM IN PARTNERSHIP WITH STATE AGENCIES AND COMMUNITY ORGANIZATIONS AND TO PROVIDE RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION. |
| HB 419 w/ HA 1 | Passed | Griffith | This Act provides that a child is automatically eligible for Purchase of Care upon placement in foster care. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR CHILD CARE ASSISTANCE. |
| HB 423 | Passed | Bush | This Act establishes an automatic enrollment feature for newly hired state employees in the State’s 457(b) deferred compensation retirement plan. The Board may, through a plan amendment, modify the definition of a covered employee. Under the Act, a predetermined percentage of an employee’s salary will be automatically deducted from each paycheck and contributed to the 457(b) plan upon hire.
This Act allows new employees to opt out at any time prior to the commencement of automatic withdrawals, which normally commences 90 days after hire. If an employee does not opt out of automatic enrollment during this 90-day period, the employee will be enrolled and contributions will commence. The employee will thereafter have an additional 30 days to opt out and request a refund of any contributions. Refund requests must be submitted no later than 120 days after the date of hire. Employees under a collective bargaining agreement are not subjected to auto-enrollment but are able to participate if should they elect to do so.
This Act takes effect 10 days after the date of publication in the Register of Regulations of a notice from the State Treasurer that the Office of Management and Budget has certified to the State Treasurer that necessary payroll upgrades necessary to implement this Act have been completed.
| AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEFERRED COMPENSATION. |
| HB 424 | Passed | K. Williams | In 2004, the 142nd General Assembly passed House Bill No. 500 as amended by House Amendment No. 1, creating an Autism registration and surveillance program. Physicians, surgeons, dentists, podiatrists, or other healthcare practitioners are required to report occurrences using the established procedure or incur a fee of $100 for each violation of failure to report.
The Department of Health & Social Services (DHSS) has received questions from providers about Delaware’s required Autism Surveillance and Registration Program and concerns about privacy, ethics, and the absence of parental consent to store this information. The Autism Surveillance and Registration Program was implemented in a passive approach, and the data collected is not used for analysis or review. The Division of Public Health’s current strategy around Autism is to promote awareness and encourage appropriate screenings.
This Act repeals the Autism Surveillance and Registration Program and requires that protected health information collected at an individual level to be expunged under statutory confidentiality requirements. | AN ACT TO AMEND TITLE 16 RELATING TO AUTISM SURVEILLANCE AND REGISTRATION. |
| HB 398 | Passed | Carson | This Act allows Delaware horse racetracks to sell alcohol for on-premise consumption until 2:00 a.m. This Act also removes the power of municipalities to require closing time to be at an earlier time for horse racetracks that sell alcoholic liquor. | AN ACT TO AMEND TITLE 4 THE DELAWARE CODE RELATING TO THE TIME OF SALES FOR ON-PREMISES CONSUMPTION. |
| SB 325 w/ SA 1, SA 2 + HA 1 | Passed | Hoffner | This Act defines terms used in Chapter 66, Title 16 of the Delaware Code for clarity. It also provides the State Fire Prevention Commission with the authority to receive and review criminal history records of applicants and members to determine whether the applicant or member is prohibited from serving as a member of a fire company. An applicant or member is not qualified to serve as a member if the individual’s criminal history record includes a crime listed in this Act, including felonies, specified financial or property crimes, sex crimes, specified crimes against a victim who is acting in the lawful performance of the victim’s duty, or crimes involving controlled substances or designer drugs.
This Act updates the criminal history record language in Chapter 66, Title 16 to ensure Delaware law meets the requirements of the Federal Bureau of Investigation in requesting federal criminal history records.
This Act also makes technical corrections to make existing law conform to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE PREVENTION. |
| HS 1 for HB 322 | Passed | Gorman | This Act is a substitute for House Bill No. 322 which permits employees of, or security personnel working for, a health-care institution, as defined under Chapter 25C of Title 16, or a medical or dental practice licensed under Title 24, for the purpose of summoning a law-enforcement officer, take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time.
This House Substitute to House Bill No. 322 differs from the initial bill as it clarifies the definition of health-care institution, medical practice, and dental practice. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION. |
| HB 430 | Passed | Harris | This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections.
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.
In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO ELECTIONS AND VOTING. |
| HB 431 w/ HA 1 | Passed | Bush | This Act allows for the composting of yard waste, food residuals, and other organic materials on property zoned for agricultural purposes. County governments may limit the square footage allowed for this activity, but must allow for at least 5000 square feet per 4 acres of property. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPOSTING. |
| HB 435 | Passed | 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 438 | Passed | Romer | This Act adds the definition of child-serving entity for the purpose of requiring a service letter verification from any child-serving entity where an employee may have worked. “Child-serving entity” is already defined in § 309 of Title 31 and includes DSCYF, residential child-care facilities, public and private schools, youth camps, summer schools, and other entities. If a previous employer fails to respond to a service letter, this Act also requires that the prospective employee report the failure to respond to the DOL.
| AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO SERVICE LETTERS, CHILD-CARE FACILITIES, AND HEALTH-CARE FACILITIES. |
| HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 | Passed | Burns | This Act requires regulated utilities to establish a separate rate class for large energy use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. Wherever possible, the costs of large energy use facilities should be directly assigned to those facilities, and where direct assignment is not possible, the costs should be allocated to the class of large energy use facilities and not to other customer classes.
To accomplish this, the Act sets forth minimum requirements for Electric Service Agreements (ESAs) and Transmission Security Agreement (TSAs) to be in place for any large energy use facility. The Commission shall promulgate regulations to implement these agreements. ESAs shall be reviewed and approved by the Commission prior to the interconnection of a large energy use facility and provide a regulatory framework to enable responsible developers of large energy use facilities to enter into agreements to fairly allocate costs among customer classes.
The Public Service Commission will consider several factors in determining whether to approve an ESA, including consistency with the Commission’s regulations; whether the ESA and tariff ensure that all costs attributable to the large energy use facility are assigned to the class of large energy use facilities; whether other customers are adequately protected from the risk of paying stranded asset costs; the impact of the large energy use facility on delivering safe, adequate, and reliability electricity; the impact on the State, including the economy, other ratepayers, and environmental impacts; and the viability of the developer of the facility.
In combination, the ESAs and the large load tariff shall ensure that, wherever possible, distribution infrastructure investment costs, capacity procurement costs, reliability backstop procurement costs, transmission infrastructure costs, and study costs attributable to a large energy use facility are all directly assigned to that large energy use facility. Where direct assignment is not possible, these costs should be allocated to the class of large energy use customers. The Commission shall develop an “incremental cost test” to measure the revenues and costs from a large energy use facility to ensure that there are not cost shifts to other customers.
The Act further establishes interruptability requirements for large energy use facilities to ensure other customers are protected from reliability impacts caused by large energy use facilities. Facilities that construct or cause to be constructed new in state generation may exempt themselves from interruptability.
Finally, the Act requires large energy use facilities to contribute to the low income fund and green energy fund at higher rates than other customers and requires large energy use facilities to contribute to renewable portfolio standard costs and qualified fuel cell provider costs.
The Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date.
| AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. |
| HB 443 | Passed | 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 445 w/ HA 1 + SA 3 | Passed | Heffernan | This Act requires large energy use facilities to produce renewable energy within the state to power their operations to prevent a drain on the electric grid. It provides for a “ramp-up” period requiring that a large energy use facility provide a plan to the Public Service Commission to ramp up their energy production within the state each year so that by the 10th year of operations, the facility is producing 100% of its energy usage through in-state production.
This Act also allows the Public Service Commission to regulate electric suppliers insofar as necessary to ensure that large energy use facilities do not negatively affect the reliability of the electric grid. | AN ACT TO AMEND TITLE 26 AND TITLE 29 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. |
| HB 447 | Passed | Minor-Brown | This Act directs the Interagency Resource Management Committee to coordinate planning, program development, and funding related to child care affordability initiatives, including voluntary cost-sharing partnerships between the State, employers, community sponsors, and families. The purpose of such programs is to expand access to affordable, licensed child care and support workforce initiatives. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE. |
| HB 444 w/ HA 1 | Passed | 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 459 w/ HA 1 | Passed | 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 458 w/ HA 1 | Passed | Lynn | This Act prohibits counties and municipalities from requiring the use of water backflow preventers in certain types of low hazard buildings. In doing so, this Act reduces costs for businesses and single-family residential homeowners by exempting them from backflow preventer installation and inspection requirements in buildings where backflow does not pose a risk to fresh water or drinking water. Buildings deemed low hazard will nonetheless be required to have backflow preventers if they have fresh water supplied by a public well.
Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it involves indirect changes to municipal charters. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BACKFLOW. |
| HB 465 | Passed | Romer | This Act adds virtual currency to the money laundering definition in the criminal code and gives the State legal authority to attempt to return virtual currency for victims. It also provides that if money cannot be returned to the victims of the crime, or are outside of the United States, it should be disposed of per order of the Superior Court. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VIRTUAL CURRENCY. |
| HB 462 | Passed | 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 460 | Passed | Romer | This Act updates the Delaware Code section that requires municipalities in New Castle County to submit permit data to the County government. The Act clarifies that such information should be submitted monthly in a manner prescribed by the County and that only closed permits where a certificate of occupancy has issued should be reported. If a municipality fails to timely report permit data it must submit a report to the County and the General Assembly detailing the reason for the omission, what steps are being taken to address the problem, and when the information will be submitted.
This permit data is necessary for the County to ensure the accuracy of property assessments. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO BUILDING PERMIT INFORMATION. |
| HB 461 | Passed | Romer | This Act provides special authority to school districts in New Castle County to reset their tax rate for the 2026-2027 tax year. This authority is necessary because several adjustments to the New Castle County tax roll are continuing to be made after the completion of the general reassessment that took effect for the 2025-2026 tax year. This includes the ongoing adjudication of appeals from the assessment values set in the general reassessment as well as quality control reviews, and potential changes pending in other legislation.
This Act allows the New Castle County school districts to adjust the tax rate so that no increase in operating revenue over the prior year will be realized, with two exceptions: (1) revenue increases from approved referenda; and (2) revenue equal to the 5-year average growth rate for each district. The 5-year average growth rates for NCC districts are as follows: (1) Appoquinimink, 3.68%; (2) Brandywine, 0.54%; (3) Christina, 0.32%; (4) Colonial, 1.10%; (5) Red Clay, 0.58%; (6) Smyrna, 0.31%; and (7) New Castle County Vocational Technical, 0.96%.
This Act sunsets on March 31, 2027. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL TAX. |
| HB 466 | Passed | Neal | This Act adds authority and guidelines for access to and use of intranasal epinephrine nasal sprays at institutions of higher education to the existing framework for access to and use of epinephrine injectors. This Act also removes the requirement of the Department of Public Health from filing an annual report regarding the use of epinephrine autoinjectors for the prior academic year with the General Assembly under this section. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE APPLICATION OF NASAL EPINEPHRINE. |
| HB 455 | Passed | 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 468 w/ HA 1 | Signed | 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 276 | Passed | Cooke | This House Substitute for House Bill No. 276 permits the value of items stolen at separate times to be grouped and prosecuted as one charge, if the thefts were part of a course of conduct.
This House Substitute differs from the original in that it defines “course of conduct” and restructures the statute to place the additional language regarding a course of conduct in the operative language regarding what must be shown in order to elevate the penalty for higher dollar value thefts. This means that the course of conduct is an element of the offense that must be proven beyond a reasonable doubt. The theft statute otherwise remains the same. Like the original bill, this substitute makes technical corrections to conform with the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT. |
| HS 1 for HB 450 | Passed | 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. |
| HS 2 for HB 155 | Passed | Wilson-Anton | House Bill No. 155 provided that State Public Integrity Commission reports be made available to the public on the Commission's website.
House Substitute 1 for HB 155 clarified that reports filed with the State Public Integrity Commission, as well as those prepared by it, must be published on the Commission’s website. It also changes the effective date of the Act to January 1 after its enactment into law.
House Substitute 2 for HB 155 does all of the same, as well as adds a requirement that public officers annually report in their financial disclosure report to the Public Integrity Commission, which will be published by the Commission, any travel expenses which include transportation, lodging, entertainment, food and beverage, which in aggregate total in excess of $250, paid for by any third party, not including the State. The recipient may rely on representations of value made by the source of the expense payments.
| AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLICATION OF STATE PUBLIC INTEGRITY COMMISSION REPORTS. |
| HS 1 for HB 320 w/ HA 1 | Passed | 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 | Passed | 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. |
| HS 1 for HB 439 | Passed | 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. |
| HJR 13 | Passed | Berry | This resolution directs the Department of Labor, in collaboration with the Department of Education and the Department of Health and Social Services, to study the creation of a Delaware Healthcare Apprenticeship Degree Program that would place aspiring healthcare professionals in paid clinical positions in healthcare facilities while they complete the training and schooling necessary to become credentialed healthcare professionals.
The resolution requires that the study consider how any recommended program may be funded through Delaware’s federal Rural Health Transformation Program award and implemented through or in coordination with the competitive awards made by the Department of Health and Social Services under that program, so that the program complements, rather than duplicates, the State’s ongoing healthcare workforce initiatives.
This resolution also directs the Department of Labor to consult with stakeholders to make recommendations for degreed apprenticeship programs beyond healthcare and requires the Department to submit a report of its findings to the Governor, the General Assembly, and the Division of Legislative Services by May 1, 2027.
| DIRECTING THE DEPARTMENT OF LABOR TO STUDY THE CREATION OF A DELAWARE HEALTHCARE APPRENTICESHIP DEGREE PROGRAM AND TO REPORT FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND THE GENERAL ASSEMBLY. |
| HCR 156 | Passed | Yearick | This resolution designates Saturday, September 26, 2026, as "GFWC International Day of Service United to End Domestic and Sexual Violence" in the State of Delaware. | DESIGNATING SATURDAY, SEPTEMBER 26, 2026, AS "GFWC INTERNATIONAL DAY OF SERVICE UNITED TO END DOMESTIC AND SEXUAL VIOLENCE" IN THE STATE OF DELAWARE. |
| HCR 153 | Passed | K. Williams | This Concurrent Resolution designates October 5 through November 6, 2026, as “Launch into Your Future Month” to recognize Delaware’s statewide effort to support student postsecondary planning and workforce readiness through coordinated school-based programming and community partnerships. | DESIGNATING OCTOBER 5 THROUGH NOVEMBER 6, 2026, AS “LAUNCH INTO YOUR FUTURE MONTH” IN THE STATE OF DELAWARE. |
| HCR 154 | Passed | K. Williams | This Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2026. | COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2026. |
| HCR 157 w/ HA 1 | Passed | Bush | This House Concurrent Resolution calls on the State Lottery Office to submit a report to the General Assembly by January 15, 2027, detailing iLottery data and analyzing options to expand support for traditional lottery retailers in the future. | REQUESTING THAT THE STATE LOTTERY OFFICE PROVIDE A REPORT ON ILOTTERY. |
| SA 3 to HB 445 | Passed | Hansen | This Senate Amendment to House Bill No. 445 strikes House Amendment No. 1 to expand upon and clarify the changes to House Bill 445 contemplated by House Amendment No. 1. To that end, this Senate Amendment:
(a) updates the Act to incorporate a standardized definition of what constitutes a large energy use facility;
(b) allows the procurement of new power generation, in addition to building new power generation;
(c) expands the location of acceptable energy generation to include PJM transmission zones contiguous by land with the DPL zone with sufficient transmission resources, thereby allowing generation like expansions of the Salem nuclear generation facility or other nearby generation to comply;
(d) clarifies the definition of new generation to ensure new large energy use facilities are bringing truly new or expanded generation;
(e) clarifies the types of generation resources that are eligible as clean energy generation;
(f) excludes single-cycle or open-cycle generation as acceptable forms of generation;
(g) specifies that large energy use facilities that rely on a 10-year plan to meet compliance may be curtailable and must meet a minimum component of clean or storage as backup forms of generation if they continue to operate;
(h) makes the required contract with the Public Service Commission 15 years, instead of 30 years, and clarifies its scope; and allows the regulatory body of an electric utility to adopt regulations to implement these requirements and recover costs from large energy use facilities; and
(i) exempts bulk petroleum facilities, such as refineries, from the definition of “large energy use facility” and such uses do not count toward aggregation.
This Amendment also clarifies that nothing in the Act precludes an electric distribution company from imposing additional requirements on a large energy use facility. | |
| SA 1 to HB 310 | Passed | Hansen | This amendment clarifies the definition of “large energy use facility” and the sets forth the circumstances under which a “large energy use facility” will be treated as a “qualified facility” and be eligible for a tax credit in accordance with Title 30 of the Delaware Code, Chapters 19 and 20 | |
| SA 2 to HS 1 for HB 233 | Passed | Hansen | This amendment incorporates into a single Senate Amendment the texts of House Amendments Nos. 1 and 3 to House Substitute No. 1 to House Bill No. 233, while making several technical modifications to advance statutory consistency.
Consistent with House Amendments 1 and 3 to House Substitute No. 1 for House Bill No. 233, this amendment:
(a) Incorporates changes to address Federal Energy Regulatory Commission jurisdictional authority regarding transmission rate design and policy and other technical and conforming edits;
(b) Expands upon the definition of "large energy use facility" so that it includes a facility that "uses or is able to use a monthly maximum demand of 30 megawatts or greater and is primarily engaged in providing a service described under code 518210 of the 2022 North American Industry Classification System";
(c) Clarifies that new section 203G of Title 26 only applies to Commission-regulated electric utilities; and
(d) Exempts bulk petroleum facilities from the definition of large energy use facility, unless the facility expands to uses other than those related to crude petroleum, petroleum products in bulk quantities, and other energy storage materials after the effective date of this Act. | |
