http://www.legis.delaware.gov/ Legislation Signed by the Governor of the State of Delaware en-us Fri, 27 Mar 2026 00:00:00 -0400 https://www.legis.delaware.gov/BillDetail?legislationId=142762 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORIZED SCOOTERS.

This Act allows a large municipality to permit the rental of a low-speed motorized scooter through ordinance or other regulation.]]> Fri, 27 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142647 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO UNIFORM HEALTH DATA.

This Act updates Delaware’s Uniform Health Data laws. This Act corrects the form number of UB-82 to UB-04. This Act provides that emergency department data is included in the data that the Hospital Discharge Technical Advisory Committee studies. Finally, this Act makes technical corrections to conform to the requirements of the Legislative Drafting Manual. ]]> Thu, 19 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142724 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This bill amends the definition of “Community-owned energy generating facility” in Title 26 of the Delaware Code, § 1001(5) by adding the requirement that the point of interconnection be located in the service area of a utility under the regulation of the Public Service Commission.]]> Mon, 16 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142617 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE FOR DENTAL EDUCATION AND RESEARCH.

This Act updates the language establishing the board of directors for the Delaware Institute for Dental Education and Research. This Act adjusts the composition of the voting and non-voting members of the board, the term limits of any board members, and procedures for how the Chair and Vice Chair are selected. The Act clarifies that any member of the board must complete a training on diversity. Any consultant from a university asked to assist the board with its official business does not vote. The Act makes minor changes pertaining to the purpose and duties of the board.]]> Mon, 16 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142805 Delaware - Signed AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO SUBPOENA POWER.

This Act is a substitute bill for Senate Bill No. 230 and differs from Senate Bill No. 230 by removing the language related to Section 284 of the Delaware General Corporation Law. This Act defines, for purposes of this section, “county authority” as the Chief Financial Officer of the Office of Finance, the Director of the Department of Finance of Kent County, and the Finance Director of Sussex County. This Act expressly authorizes the county authority to compel the production of testimony and documentary evidence whenever a county relies upon, or defends its reliance upon, the income approach or cost comparison approaches to assess the fair market value of real property. This Act permits the enforcement of subpoenas by order of the Superior Court and permits use of the court’s contempt powers.]]> Thu, 12 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142100 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CELL PHONE USE IN SCHOOL.

This Act requires each school district and charter school to adopt a policy, with educator input, about cell phone use by students during school hours. Each policy must contain: (1) Clear guidelines about what constitutes acceptable cell phone use at school. (2) A requirement that limits cell phone use during instructional time. (3) The designation of times and places during which students may use their cell phones at school. (4) Guidelines that encourage communication between the schools, parents or guardians, and students about the cell phone use policy. (5) A system of appropriate consequences for violations of the cell phone use policy. (6) Exceptions that address, and are applicable to, emergency situations and medical or educational accommodations. Each school district and charter school shall provide the Department with its policy. Each school district and charter school shall post its policy on its website by August 1, 2025. School districts and charter schools are free to amend their cell phone use policies as needed. If a school district or charter school adopts an amended cell phone use policy, it must be provided to the Department and posted on that school district or charter school’s website. ]]> Thu, 12 Mar 2026 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142808 Delaware - Signed AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2026.

This Act amends the Fiscal Year 2026 Bond and Capital Improvements Act to (1) add the Department of Labor, Sussex Facility, to the Transfer to the State Treasurer’s Agency Bond Reversion Account; (2) add the Delaware Veterans Cemetery Expansion to the list of OMB Projects in the Transfer from the State Treasurer’s Agency Bond Reversion Account; (3) allow the Legislative Building Committee to develop design standards and plans for Legislative Hall; (4) authorize the Office of Management and Budget, Division of Facilities Management, to utilize residual funds for the Delaware State Police Firing Range Improvements; (5) allow for funds appropriated to the Department of Natural Resources and Environmental Control to be used for the construction of a mixed-species exhibit; (6) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (7) reprogram funding from the Community Redevelopment/Reinvestment Fund from Downtown Milford, Inc. to the City of Milford, Delaware Nature Society, Kent Sussex Industries, the Milford District Fee Public Library Commission, and the Milford Housing Development Corporation; (8) update Delaware Code to make a language change from a stationary source reporting propane and ammonium nitrate to a stationary source reporting propane or ammonium nitrate; (9) require the Diamond State Port Corporation and the Department of Transportation to conduct a study of rerouting truck traffic on Hay Road; (10) correct a reference to the Historic Tax Credit; (11) allows that the activation timing of amber warning lights shall not apply to Red Clay School District school buses equipped with, and operating stop arm cameras; (12) authorize the Office of Management and Budget, Division of Facilities Management, to utilize residual funds from the Ferris Window project for the Cleveland White project, (13) authorize the Office of Management and Budget, Division of Facilities Management, to utilize any residual funds from the Department of Correction for the W1 Building HVAC project at James T. Vaughn Correctional Center (14) authorize the transfer of Warwick School No. 203 to Indian Mission Properties, Inc.; (15) amend Delaware Code to require the Diamond State Port Corporation Executive Director to be selected by majority vote of the Board.]]> Fri, 30 Jan 2026 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142741 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL BUDGET REVIEW.

The Hospital Budget Review Act, House Substitute No. 2 to House Bill No. 350 (152nd General Assembly), enacted in 2024, ("HB 350") created the Diamond State Hospital Cost Review Board (“Board”) in an effort to bring greater transparency and accountability to hospital spending in Delaware. HB 350 requires hospitals to submit their budgets to the Board annually, disclose financial and operational information, and comply with the State’s healthcare spending benchmark. HB 350 also authorizes the Board to prospectively approve or modify hospital budgets and imposes penalties for non-compliance. Shortly after HB 350’s enactment, ChristianaCare filed suit in the Court of Chancery, alleging principally that the prospective budget approval and modification authority granted to the Board violates the Delaware Constitution. The litigation raised broader constitutional and policy questions about the balance between State oversight of health care spending and the autonomy of private, nonprofit hospitals. On September 30, 2025, the State and ChristianaCare signed an agreement pausing ChristianaCare’s lawsuit and setting forth the framework for this Act that, if enacted, will fully resolve the case. Under the agreement, the State admitted no fault. This Act incorporates the each of the terms of that agreement. HB 350 has 4 main components. First, hospitals must present detailed budget information annually to the Board. Second, the Board must determine whether the hospital has complied with the State’s healthcare spending benchmark. Third, if the hospital misses the benchmark, it must submit a Performance Improvement Plan (PIP) for approval by the Board. Fourth, if the hospital fails to submit an approved PIP or achieve its objectives, then the Board may prospectively approve or modify the hospital’s budget. This Act addresses constitutional concerns by eliminating the Board’s ability to approve or modify hospital budgets, while preserving the first 3 components of HB 350 with certain modifications and enhancements. First, under this Act, hospitals still must present detailed budget information to the Board each year. However, the Board will evaluate hospitals based on actual expenditure and revenue information for the most recent year, rather than prospectively approving future budgets. As with HB 350, hospitals must report financial information, including costs of operations, revenues, assets, liabilities, and expenditures, scope and volume of service information, and other information deemed relevant by the Board. This Act also requires hospitals to outline changes in year-over-year results and describe the actions it will take in the coming year to meet the benchmark, and further requires the Board to adopt a Uniform Reporting Manual for Budget Submissions to ensure the consistency of information provided by hospitals. Hospitals must provide labor costs by units of service and budget category, salary reporting is narrowed to officers, directors, key employees, and highest-compensated employees, and certain categories, such as payer contract information and three-year capital budgets, are no longer required. Second, HB 350 required the Board to determine annually whether each hospital has met the State’s healthcare spending benchmark. That requirement remains, but this Act expressly requires the Board to issue written findings of fact and determinations as to whether each hospital: (1) has met the benchmark; and, if applicable, (2) has satisfied the elements of the hospital’s Benchmark Compliance Plan (BCP), which replaces the PIP; and (3) is participating in a Meaningful Cost Containment Arrangement (MCCA). Further, the Board may also make policy recommendations to the Delaware Health Care Commission or the General Assembly regarding how to better align hospital budgets with the benchmark, while promoting efficient and economic operations and maintaining the ability of hospitals to meet hospitals’ financial obligations and to provide quality care. Third, beginning in 2027, hospitals that fail to meet the benchmark must submit a BCP for the Board’s approval. As with HB 350, if the BCP does not meet the criteria established by the Board, the Board may require the hospital to amend and resubmit the BCP. If a BCP is required, the Board will examine and determine in writing the following year whether the hospital has satisfied the BCP’s elements. However, if the hospital demonstrates that it is subject to an MCCA, then the hospital is not required to submit to the BCP process for that year. MCCAs are contracts between hospitals and payers (including, in some cases, federal or state governments) that are designed to reduce healthcare costs by holding the hospital financially accountable for controlling healthcare spend for a specific population – including downside risk. However, even if a hospital has an MCCA and therefore is not required to adopt a BCP, it still must present its detailed budget information to the Board every year so that the Board may determine whether it has met the benchmark. A hospital’s adoption of an MCCA does not exempt it from that process, only the requirement that it adopt a BCP—and only for one year. Civil penalties of up to $500,000 for knowingly failing to comply with reporting standards remain in effect.]]> Fri, 30 Jan 2026 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142769 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION'S REGULATORY AUTHORITY RELATED TO MODIFICATION OF SENTENCES OF INCARCERATION.

Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications. This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.]]> Fri, 30 Jan 2026 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142583 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT FIREARM PROCUREMENT.

This Act clarifies that the law-enforcement agency practice of purchasing firearms for that agency’s law-enforcement officers for use by the officers in their official duties is exempted from the requirements under §§ 1448A, 1448B, and 1448D of Title 11 under our State’s permit to purchase firearms laws. Both the currently effective versions of §§ 1448A and 1448B of Title 11, and the versions of those sections that will become effective upon implementation of 84 Del. Laws, c. 259, § 1 (pursuant to §§ 5 and 6 of the act), are amended by this Act. ]]> Fri, 30 Jan 2026 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142718 Delaware - Signed AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CORPORATE AND PERSONAL INCOME TAX.

This Act decouples select provisions of Delaware’s tax code from provisions of Public Law 119-21, also known as the federal “One Big Beautiful Bill Act” (OBBBA). Absent legislative action, most provisions of federal tax law are automatically incorporated into Delaware’s tax law. This Act does not eliminate depreciation of property or expensing, but instead modifies the timing of deductions that were impacted by the OBBBA. For corporations taxed as separate entities, commonly called “C corporations,” this Act does the following: (1) Continues expensing provisions for domestic research and experimental expenditures made after December 31, 2021, but on or before December 31, 2025, under the provisions in place before the OBBBA. (2) Decouples from the OBBBA provision for full expensing of certain business property acquired and placed in service after January 19, 2025. (3) Decouples from the special depreciation allowance for qualified production property. For individuals with business income such as an S corporation or a partnership, the following changes are made to Delaware’s personal income tax code, beginning January 1, 2026: (1) Decoupling from the OBBBA allowance for full expensing for certain business property acquired and placed in service after December 31, 2025. (2) Decoupling from the special depreciation allowance for qualified production property acquired and placed in service after December 31, 2025.]]> Wed, 19 Nov 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142716 Delaware - Signed AN ACT TO AMEND CHAPTER 135 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO THE DEADLINE FOR PAYMENT OF PROPERTY TAX BILLS FOR THE 2025-2026 TAX YEAR.

An extension of the deadline for payment of property tax bills in New Castle County for the 2025-2026 tax year established under Chapter 135 of Volume 85 of the Laws of Delaware (House Bill No. 242, as amended by House Amendment 1, of the 153rd General Assembly) is required because property tax invoices could not be timely delivered due to subsequent, unforeseen expedited litigation before the Court of Chancery (Newark Property Association, et al. v. State of Delaware, et al., C.A. No. 2025-1031-LWW). The current deadline is November 30, 2025, however this Act changes the deadline to December 31, 2025, to ensure that taxpayers have a commercially reasonable period to review and pay property tax invoices and to help prevent the inequitable imposition of statutorily-mandated penalties and interest. ]]> Fri, 14 Nov 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142429 Delaware - Signed AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

Pay range transparency empowers job applicants with crucial information to negotiate salaries and make informed career decisions. It also encourages businesses to proactively review compensation practices, address unjustified pay disparities, and strengthen their ability to attract and retain top talent. This Act requires that employers include salary or wage range information and a general description of benefits in all postings for job opportunities, and ensures that applicants have access to that information prior to any offer or discussion of compensation. Employers are required to maintain records relating to job descriptions and wage rates for employees for at least 3 years. The Department of Labor may bring an administrative action to enforce the pay transparency provision. This Act does not apply to employers with 25 or fewer employees. The Act takes effect 2 years after its enactment. House Substitute No. 2 to House Bill No. 105 differs from House Substitute No. 1 to House Bill No. 105 as follows: It provides that where a job opportunity is covered by a collective bargaining agreement (CBA), the compensation or compensation range disclosed in a notification should be one that has been agreed upon for disclosure in the CBA itself. It provides that the pay transparency provision becomes applicable to postings for opportunities covered by a CBA only when the CBA is amended, modified, or renewed after the effective date of the Act, to give the parties opportunity to consider the disclosed range in the course of negotiating a CBA. It provides that an employer is not liable for job postings that are digitally replicated and published without the employer’s consent. It specifies that the pay transparency provisions in this section apply to Delaware-based jobs or non-international remote positions offered by an employer based in Delaware. It makes the record preservation requirement consistent with § 907 of Title 19.]]> Fri, 26 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142187 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

A placard must be prominently displayed at any entrance of a massage and bodywork establishment that has failed to obtain a valid license or has a license that is suspended, revoked, or expired. This Act provides that no placard can be removed unless the removal of the placard is approved by the Division of Professional Regulation. This Act makes the unlawful removal of the placard a class A misdemeanor, punishable by up to 1 year in jail and up to a $2300 fine. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.]]> Fri, 26 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142090 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF ELECTRICAL EXAMINERS.

This Act would limit the opportunity to remain as a licensed apprentice electrician after an individual has already completed an apprentice program approved by the Board of Electrical Examiners. Apprenticeship is meant to be a first step on a career journey, not a destination. Since the apprentice electrician license was created, the ranks of apprentices have steadily swollen, but a significant number of those apprentices have not moved forward toward more advanced licensing. As the number of these apprentices grows beyond the capacity for more senior licensees to supervise their work, the situation is likely to create confusion among and to threaten the safety of consumers of electrical services in Delaware and the general public. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Thu, 25 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141918 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.

This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it may be towed, and written authorization to tow a specific vehicle is required before the vehicle may be towed from a private parking area. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing rate of $250 and daily storage rate of $50 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours. Individuals must be allowed to retrieve at no cost during business hours personal belongings from vehicles held in storage. Storage facilities may charge a fee of up to $50 for after-hours access to or retrieval of a vehicle. Tow companies and storage facilities must accept credit cards, or have an ATM available with a reasonable access or service fee. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies may not patrol for illegally parked cars, unless they have a contract to do so and comply with the requirements applicable to any other unauthorized towing of a vehicle. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.]]> Thu, 25 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142481 Delaware - Signed AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

HS 2 to HB 48 seeks to streamline accessible parking laws and improve enforcement of accessible parking laws in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored and rarely enforced. To that end, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA) and any existing local laws. This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces. This Act also increases the fine for unlawfully occupying an accessible parking space. Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service. All accessible parking space signs must display the current maximum fine. HS 2 to HB 48 differs from HB 48 in that it does the following: (1) Requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. (2) Removes state-specific accessible parking provisions of the bill and adopts the federal accessible parking provisions that are already in effect under the 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (3) If an existing accessible parking space is not ADA compliant within 5 years of the effective date of this Act, authorizes a civil penalty to be assessed against the individual or entity that is responsible for maintaining the accessible parking space. (4) Requires that all accessible parking space signs display the current maximum fine for unlawfully occupying an accessible parking space. ]]> Thu, 25 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142474 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EQUITY AND INCLUSION IN FINANCIAL LITERACY FOR ALL HIGH SCHOOL STUDENTS IN DELAWARE ACT.

With 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, which may be cited as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a 1/2 credit on financial literacy. And, beginning with students entering grade 9 in the 2026 through 2027 school year, successful completion of the credit will be required to obtain a high school diploma. This Act requires the credit to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education. This substitute corrects a reference from "course" to "credit" in the synopsis.]]> Fri, 19 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142427 Delaware - Signed AN ACT TO AMEND TITLE 11 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.

This Act is a Substitute for SB 142 and differs from SB 142 in the following ways: 1. Specifies that schools must provide age-appropriate training to students about the dangers and warning signs of sexual extortion, including online safety. 2. Delays implementation of employee training and student instruction to August 1, 2027. 3. Makes additional technical corrections to § 4163 of Title 14. In 2022, the FBI reported that law enforcement received over 7,000 reports related to the financial sexual extortion of minors, resulting in 3,000 victims and more than a dozen suicides. In 2023, South Carolina adopted “Gavin’s Law” in honor of Gavin Guffey, the son of Representative Brandon Guffey. Gavin was victim of sexual extortion, which led him to tragically take his own life at only 17 years old. Gavin’s Law created the crime of sexual extortion in South Carolina. In Delaware, sexual extortion is a crime under § 774 of Title 11. It is classified as a Class E felony punishable by up to 5 years in prison. This Act increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison, under the following circumstances: 1. The defendant is an adult and the victim is a child, as defined in § 1100 of Title 11, or a vulnerable adult, as defined in §1105 of Title 11. 2. The defendant’s sexual extortion of the victim causes the victim to suffer serious physical injury or death. Gavin’s Law also requires school districts to educate students, and their parents or guardians, about the crime of sexual extortion. South Carolina’s Department of Education recommended including the required education in the Erin’s Law curriculum. Delaware has adopted its own version of Erin’s Law, under § 4163 of Title 14, that requires school districts and charter schools to provide appropriate training to employees and students, and to provide information to parents, about personal body safety, child safety, and how to detect and report child abuse. This Act specifies that information about the crime of sexual extortion must be included in the educational programming required by Erin’s Law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including restructuring § 774 of Title 11.]]> Fri, 19 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142277 Delaware - Signed AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS.

Ohio recently adopted “Braden’s Law”, named after Braden Markus. Braden, a high school student, tragically took his own life after being coerced into sharing sensitive photographs online and then threatened with release of the photographs on social media if he did not pay money. Braden’s parents, Jenn and Jarod, endured months of anguish after being denied access to Braden’s personal cell phone records. In response, part of Braden’s Law requires courts to adjudicate a parent or legal guardian’s request for an order directing access to a deceased minor’s digital assets and digital accounts within 30 days. In Delaware, a fiduciary can access to digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Fri, 19 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141937 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC DRINKING WATER SYSTEMS.

This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs. There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines. Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water. This Act takes effect 90 days after its enactment into law. ]]> Fri, 19 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142050 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE INSPIRE SCHOLARSHIP PROGRAM.

The Delaware State Inspire Scholarship Program (Inspire scholarship) pays undergraduate tuition for 8 semesters at Delaware State University (DSU). Some students complete their undergraduate degrees in less than 8 semesters because they take heavier than average course loads each semester or because they earned college credits during high school. This Act aims to reward students for their hard work and provide additional access and opportunity for them to continue their higher education by allowing students to use the Inspire scholarship program towards additional levels of higher education if the student obtains their undergraduate degree before using all 8 semesters of eligibility. Specifically, this Act extends eligibility for Inspire scholarships as follows: 1. Under current law, most students may use Inspire grant money for up to 8 continuous semesters towards a bachelor's degree at DSU. This Act allows students who complete a bachelor's degree in less than 8 continuous semesters to use the remaining Inspire grant money towards a graduate degree program at DSU. 2. The Inspire scholarship program provides additional time for individuals who lived in foster care to complete an undergraduate degree. This Act makes corresponding changes to the eligibility for these individuals so that they also can use remaining Inspire grant money towards a graduate degree at DSU if they complete their undergraduate degree before exhausting the time available to do so. In addition, this Act modifies 2 requirements for eligibility for the Inspire scholarship program for students using the scholarship for a graduate degree program so that students may be enrolled on a part-time basis and are not required to maintain continuous enrollment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Fri, 19 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142300 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

As a part of Delaware’s commemoration of Delaware’s 250th anniversary of Separation Day and America’s semiquincentennial, this Act establishes a new background special license plate that will be made available to those Delawareans wishing to honor and appropriately remember this special time in our State’s history. A background special license plate supports a cause and is available for purchase by the public at large. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.]]> Tue, 16 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142002 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT.

This Act adopts the Uniform Public Expression Protection Act ("the Act") authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2020 and has been adopted in 10 states, including New Jersey and Pennsylvania, and is currently pending in 10 states. The Act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the Act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. While Delaware has an “anti-SLAPP” law (see §§ 8136 through 8138 of Title 10 of the Delaware Code), the law received a score of “D-” from the Institute for Free Speech due to limited types of speech it protects and lack of basic protections provided by the Act.]]> Mon, 15 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142127 Delaware - Signed AN ACT TO AMEND TITLES 9, 14, AND 29 OF THE DELAWARE CODE RELATING TO LIBRARIES.

This Act establishes the following principles in regards to public library material: (1) Library material is provided for the interest, information, and enlightenment of all persons the library serves; (2) Library material should not be excluded, removed, or prohibited from a catalogue because of the origin, background, or views of a persons who created the material; (3) Material should not be excluded, removed, or prohibited from a library because of partisan, ideological, or religious disapproval. This Act requires that public libraries adopt a library collection development policy consistent with the foregoing principles. The written policy must include the policy and procedure that libraries will follow when receiving and reviewing objections to library material. It further requires that all library material that is under review due to an objection must remain available for use by library patrons until the review process is concluded. It also prohibits the governing body of a library from suspending, disciplining, or otherwise retaliating against an employee of a library that acts in accordance with the State principles and media content policy. This Act also creates similar requirements for school libraries and requires that public schools create policies and procedures for reviewing objections to school library material that conform to the established collection development policy for school libraries. Within these policies and procedures, school libraries must include: (1) a uniform process to submit an objection to material in a school library; (2) a requirement that material under review due to an objection remain available for use by students and school personnel until the review process is concluded; and (3) a reasonable timeline to conduct and conclude the review process. An appeal of a decision determining whether school library material may remain in the school library may be made to the board of the local education agency. A final appeal from the decision of the board of the local education agency may be made to a School Library Review Committee, which is made up of the following individuals or the individual’s designee: (1) The President of the School Chiefs’ Association. (2) The State Librarian. (3) The Secretary of the Department of Education. (4) The President of the Delaware State Education Association. (5) The President of the Association of School Administrators. (6) The President of the Delaware Association of School Librarians. (7) The President of the Delaware Library Association. ]]> Mon, 15 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142142 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATE FIRE MARSHAL FEES.

This Act increases the maximum amount of fees that the State Fire Marshal's Office can charge as follows: 1. The maximum fee for a license to service portable unit fire suppression applicance is changed from $50 to $100. 2. The maximum fee for all other permits, licenses, and certifications as required in the State Fire Prevention Regulations is changed from $25 to $100. These changes are being made to reflect the increasing cost of providing these services since the maximum fees were last set several decades ago. This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.]]> Tue, 09 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142040 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTEER FIRE SERVICE REVOLVING LOAN FUND.

Currently, the Delaware Volunteer Fire Service Revolving Loan Fund may only obtain funding from the General Assembly through appropriation. This Act would allow for funding and donations to be made by any person, charitable organizations, and counties of the State. When a county contributes to the Fund, the Act requires the Fund ensure county specific contributions are spent on loans to fire companies within that county. This Act also makes technical corrections to conform existing law to the standards of the Delaware legislative Drafting Manual. ]]> Tue, 09 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141743 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FUNERAL EXPENSES FOR CERTAIN VOLUNTEERS WITH FIRE OR AMBULANCE COMPANIES.

Section 1 of this Act requires that $7,000 be paid for the funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue. Consistent with a legal interpretation of the existing law by state agencies, Section 1 of this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, or § 5316 of Title 29. However, Section 1 of this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies. Section 2 of this Act delays the effect of this Act until October 1, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 appropriations act containing the funding for this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 09 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142306 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ELECTIVE CREDIT FOR VOLUNTEERING WITH LOCAL FIRE DEPARTMENTS.

This Act updates the Delaware Volunteerism Act to specify that high school students may complete their community service with local fire departments to obtain up to 1 elective credit. It also requires schools to notify students of the opportunity to earn elective credit through volunteer work at or before the time students select their classes. This Act also allows the Department of Education to promulgate regulations to implement the Delaware Volunteerism Act. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 09 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142272 Delaware - Signed AN ACT TO AMEND TITLE 12, TITLE 18, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

Delaware currently permits the nonprobate transfer of bank accounts, investments, and vehicles. This Act provides a mechanism for the nonprobate transfer of real estate without requiring the creation of a revocable trust. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (“TOD”) deed designating a beneficiary who will automatically receive the real estate on the owner's death. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the TOD deed. This Act is a Substitute for House Bill No. 147. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 19 states (including Virginia), the District of Columbia, and the U.S. Virgin Islands, and a substantially similar law has been enacted in 10 additional states. The Uniform Real Property Transfer on Death Act is pending before 6 state legislatures (including New Jersey and Maryland). In adopting the Uniform Real Property Transfer on Death Act, this Act, like House Bill No. 147, also makes the following changes to the uniform law and Delaware law: (1) Provides clarity that a transfer on death deed controls over any contrary instruction in a will to transfer the same real property. (2) Provides in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) Authorizes the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose real property has transferred to the beneficiary by a transfer on death deed. (4) Authorizes a beneficiary to file with a Register of Wills the death certificate of a person whose real property has transferred to the beneficiary by a transfer on death deed. (5) Makes abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to real property and may disclose that death certificate to a Register of Wills to prove the person’s legal right to real property. This Act differs from House Bill No. 147 as follows: (1) By providing that an owner of real property may transfer the property only to an individual. (2) By making clear that a transfer on death deed, including all signatures required to execute a transfer on death deed, must be notarized. (3) By requiring a transfer on death deed be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary. (4) By requiring a revocation of a transfer on death deed be witnessed by 2 individuals and making a conforming change to the optional form. (5) By making changes to the optional transfer on death deed form in this Act to do the following: a. Making clear a mailing address is required for a beneficiary. b. Making clear on the deed how the deed may be revoked. c. Bolding the acknowledgement related to the effect a transfer on death deed has on a contrary instruction in a will and rewriting this acknowledgement in plainer language. An owner’s transfer of real property to a beneficiary by a transfer on death deed controls over a contrary instruction in a will that is prepared before or after the transfer on death deed. d. Requiring printed names and signatures for owners and witnesses and updating the form to make clear 2 witnesses are required. (6) By making clear that the Court of Chancery has jurisdiction over challenges to the validity or revocation of a transfer on death deed. (7) By relocating Section 5 of this Act to another chapter in the Insurance Code and making other changes to conform the language to existing law.]]> Fri, 05 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142278 Delaware - Signed AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.

This Act repeals the cap on the amount of money in the Delaware Manufactured Home Relocation Trust Fund (Trust Fund), resolving contradictory provisions in current law regarding the Delaware Manufactured Home Relocation Authority (DEMHRA) Board’s authority to adjust the amount in the Trust Fund. Under § 7042(e) of Title 25, the DEMHRA Board can adjust, eliminate, or reinstate the cap on the Trust Fund with the approval of at least 3 of the 5 members of the DEMHRA Board. However, § 7042(e) also provides a dollar amount cap on the amount in the Trust Fund, which under the Delaware Constitution, DEMHRA cannot change. DEMHRA needs to be able to adjust the cap on the Trust Fund because under § 7041(b)(1) and § 7042(b) of Title 25, the money in the Trust Fund is the only money available to DEMHRA to pay administrative costs and to carry out DEMHRA’s responsibilities under Chapters 70 and 71 of Title 25. Recent legislation has given DEMHRA additional responsibilities under subchapter VI of Chapter 70 when a community owner seeks to increase the rent, but DEMHRA does not receive any appropriations to support this work. Instead, except for money appropriated for board meeting stipends, DEMHRA is “responsible for all direct and indirect costs for its operations under § 7042 of this title, including receipts and disbursements, personnel, rental of facilities, and reimbursement to other state agencies for services provided and, therefore, must be fiscally revenue-neutral.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual by revising § 7041(c)(3) of Title 25 so that the number of Board members who must vote in favor of adjusting the Trust Fund is clearly stated with the Board’s other responsibilities.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142325 Delaware - Signed AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO AN AFFORDABLE RENTAL HOUSING PROGRAM WITHIN THE HOUSING DEVELOPMENT FUND.

This Act creates the Affordable Rental Housing Program (ARHP) within the Housing Development Fund. The ARHP is modeled on the federal Section 515 program and provides loans to increase the supply of affordable housing for families with very low-, low-, and moderate-incomes, individuals who are elderly, and individuals with disabilities.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142410 Delaware - Signed AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.

In Chapter 70, Subchapter V of Title 25, the Manufactured Home Relocation Trust Fund was established. It is administered by a Board of Directors. The Board was directed to set a monthly assessment for deposit in the Trust Fund for each rented lot in a manufactured home community. This Act removes the cap of the Trust Fund, currently set at $15 million. This Act also raises the amount of the tenant portion of the monthly assessment to be redirected to the Delaware Manufactured Home Owner Attorney Fund from 50 cents of the tenant portion to $1.50. This Act takes effect on the date of enactment.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142490 Delaware - Signed AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME TITLE TRANSFERS.

This Act updates the procedures governing the transfer of a manufactured home located in a manufactured home community in order to provide a clearer process and reduce ambiguities that allowed some community owners to prevent the transfer of a lease or a home as well as prevent family members from inheriting the investment made by a deceased family member in a home. This Substitute differs from the original bill to make changes to reflect discussions among the stakeholders, including: - Moves the procedure for inspecting a home prior to transfer from the transfer section to the section that governs the rules for standards for retaining a transferred home in a community. - Creates a 2-step process for the sale or transfer of a home where the homeowner notifies the community owner prior to listing the home, at which time the community owner may conduct an inspection, and a second notification for the sale of the home which triggers the right of first refusal in which the community owner can then purchase the home. - Significantly reducing the time a buyer has to complete repairs. - Clarifies that the notice of non-renewal of a lease by a tenant 60 days prior to the end of a lease term is only for moving the home off of the lot, and selling of the home is governed by § 7013. - Clarifies requirements on lease transfers to heirs and adds limitations for how long the transfers take place depending on whether a previous occupant continues to live in the home after the death of the prior owner. - Clarifies the portions of the tenancy application that must be completed in different situations when a home is inherited. - Clarifies how long an estate has until appropriate action has to be taken. - Removed the requirement that a community owner purchase the home if the buyer’s tenancy application is denied. - Changes the minimum amount that a community owner must offer to a homeowner to prevent the ability of a lease to be transferred in the future to the greater of $1,500 or 36 months of the difference between the current monthly rent and market monthly rent. - Adds a requirement that a seller must disclose to a buyer information about the lease transfer and that a community owner must disclose the rental amount to a prospective buyer. - Makes it clear that a homeowner has to comply with § 7013(c) for the lease to transfer. - Removes a provision in § 7016 that would no longer apply under the changes to § 7013. - Extends the time that a community owner may purchase the ability to transfer the lease up to the time the homeowner provides notice of intent to sell. ]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142433 Delaware - Signed AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO BUILDING PERMIT FEES.

This Act allows Sussex County to apply an impact fee to building permits within the respective school district for the purpose of collecting funding for the local share of school capital construction programs.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142578 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO OVERPAYMENT RECOVERY AND AUDIT PRACTICES.

This Substitute for House Bill No. 212 corrects a technical drafting error to underline new language contained in Section 2 of the Act, and is otherwise identical to House Bill No. 212, which does the following: Section 1 of this Act amends the time period during which health insurers may initiate overpayment recovery efforts from 24 months to 12 months of a claim being paid. This Act also amends one of the exemptions to the overpayment recovery deadline to require an indication of fraud, abuse, or other intentional misconduct based on a physical review or review of claims data or statements as opposed to merely having a reasonable belief of such fraud, abuse or other intentional misconduct. It aligns requirements for provider-oriented clawbacks with those for pharmacies. Section 2 of this Act requires written notice from pharmacy benefit managers or entities conducting pharmacy audits. Because Department examinations have indicated that PBMs misuse this provision in the law to conduct audits outside the parameters of the Pharmacy Audit Integrity Program, Section 3 of this Act amends the exclusions to the applicability of the pharmacy audit rules to require that pharmacy benefits managers have more definitive proof, based on physical review of claims data or other investigative methods, to believe misconduct has occurred before the rules related to the Pharmacy Audit Integrity Program become inapplicable to an investigative audit. This Act also makes technical corrections to existing law to conform to the requirements of the Delaware Legislative Drafting Manual.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141763 Delaware - Signed AN ACT TO AMEND TITLES 10 AND 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING AND TENANTS’ RECEIVERSHIP PETITIONS.

Section 1 of this Act makes a pattern or practice of violations by a landlord of a Manufactured Home Community of subchapters I through V of Chapter 70 of Title 25 of the Delaware Code, or a provision of a rental agreement, an unlawful practice under the Consumer Fraud Act, subchapter II, Chapter 70, of Title 25, under specified circumstances. Section 2 of this Act authorizes the Attorney General to file a petition to establish a receivership of a Manufactured Home Community in a Justice of the Peace Court on specified grounds after notice to the landlord. Section 3 of this Act requires the Justice of the Peace Court to send written notice to the Director of Consumer Protection at the Department of Justice within 10 days of its receipt of a petition for tenants’ receivership under Title 25 of the Delaware Code, Sections 5901 or 7061, except in those cases where the Attorney General files the petition. ]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142037 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE RIGHTS OF RESIDENTS OF LONG-TERM CARE FACILITIES.

This Act amends the long-term care resident’s bill of rights to provide that residents may not be subject to discrimination based on their membership in a protected class. Specifically, this Act does the following: 1. Adds “or domestic partner” to the provision of the resident’s bill of rights that gives spouses the right to visit and, if feasible and not medically contraindicated, to share a room if both are residents of the facility. This addition is being made to ensure that domestic partnerships entered into in other states are recognized. 2. Adds a non-discrimination provision to § 1121 of Title 16, which enumerates the rights of residents of long-term care facilities. 3. Requires the Department of Health and Social Services (“Department”) to provide a revised notice of resident rights under § 1121 of Title 16 to each resident or the resident’s authorized representative within 30 days of any changes to those rights. 4. Requires each facility to provide appropriate staff training whenever there is a revision to the resident’s bill of rights within 60 days of that revision. The purpose of this Act is to protect long-term care facility residents from discrimination and to ensure that residents, their representatives, and facility staff are aware of residents’ rights. ]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141935 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MEDICARE SUPPLEMENT POLICIES.

This Act creates a special open enrollment period for persons who are already enrolled in a Medicare supplement policy or certificate to cancel their existing policy or certificate and purchase another Medicare supplement policy or certificate that provides the same or lesser benefits. Only persons who are already enrolled in a Medicare supplement policy or certificate are eligible for the special open enrollment period. The special enrollment period begins 30 days before an eligible person's birthday and remains open for at least 30 days following the eligible person's birthday. During this special open enrollment period, individuals switching from one Medicare supplement policy to another cannot be denied coverage and coverage and rates cannot be dependent upon the person’s medical history. The Act also obligates issuers to notify eligible persons who are enrolled in their Medicare supplement policies or certificates of the dates of the open enrollment period, at least 30 days before it begins, and of any modification to the benefits provided by the policy under which the person is currently insured. This Act also allows persons enrolled in a Medicare Advantage plan to cancel their existing policy, enroll in Medicare during the annual Medicare open enrollment period and apply for a Medicare supplement policy. For individuals switching from Medicare Advantage to a Medicare supplement policy, the Act prohibits issuers of Medicare supplement policies from denying applications for such policies but does allow issuers to individually rate and apply a pre-existing condition limitation. ]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142169 Delaware - Signed AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE WORKFORCE PLANNING.

This Act supports critical health care workforce research and planning efforts by giving the Division of Public Health and the Delaware Health Care Commission the ability to obtain comprehensive workforce-related data from the Division of Professional Regulation. It requires the Division of Public Health’s Office of Healthcare Provider Resources to collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to determine what data should be collected from health care providers during the licensing and renewal process to assist the Division of Public Health with workforce research and planning. This Act also directs the Division of Professional Regulation to collect health care workforce-related data during the licensing or renewal processes. The data collected will be for purpose of health care workforce research and planning and will not include personal information such as personal financial information. The health care provider licensing process provides a rich opportunity for this State to obtain information it needs to ensure that its health care workforce is equipped to meet the needs of Delaware residents. Collecting data with the goal of informing health care workforce research and planning is a common practice nationwide, with at least 28 states collecting health care workforce data as part of the licensing process. Such data will fill crucial gaps in the Division of Public Health’s ability to understand health care workforce needs and develop policies and programs aimed at meeting them. As is currently the case, health care workforce data collected by the Division of Professional Regulation may only be used for official state business. This Act provides that official state business includes the following purposes specific to health care workforce research and planning: 1. Identifying and tracking data related to Health Professional Shortage Areas (HPSAs), Maternity Care Target Areas (MCTAs), and Medically Underserved Areas and Populations (MUA/Ps), and other initiatives identified by the United States Department of Health and Human Services. 2. Health care workforce research and planning. 3. Understanding issues related to supply, demand, distribution, and use of health care workers. 4. Informing health care workforce policy. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142240 Delaware - Signed AN ACT TO AMEND CHAPTER 56, TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

This Act updates the Right to Representation statute by moving certain duties to the office of the State Courts Administrator and clarifies terminology used within the statute.]]> Wed, 03 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142217 Delaware - Signed AN ACT TO AMEND TITLES 14 AND 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT AND THE PUBLIC EMPLOYMENT RELATIONS ACT.

The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19. This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142101 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS.

This Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State. The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142052 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TITLE IX.

This Act requires schools that receive federal funding ensure students, staff, and faculty are protected from sex-based discrimination and sex-based harassment. The Act further requires schools to communicate to students, through their website, the existence of Title IX administrators as required by federal law. The Act requires the school’s website provide information explaining the roles and duties of Title IX administrators, how to contact the appropriate Title IX administrator, and the school’s Title IX policy. The Act ensures that students have access to the appropriate forms to start a complaint and access to the FAQ link provided by U.S. Office of Civil Rights. The Act instructs the school to provide an explanation and examples of possible supportive measures for students who experience sex-based discrimination or sex-based harassment. The Act instructs the Title IX coordinator of every Title IX school to provide a written reminder to school staff and faculty at the beginning of the academic year, outlining the school’s Title IX policy regarding the reporting of sex-based discrimination, including sex-based harassment. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142044 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEETINGS.

This House Substitute No. 1 provides that if a school board allows school board members to attend meetings remotely through electronic means, then permission to attend remotely must be granted in the case of any of the following: illness of the school board member; illness of an individual in the school board member’s family where that individual requires caretaking; a public health emergency; pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner; or military deployment of the school board member. This substitute for House Bill No. 83 differs from the original in that it does not require school boards to allow remote attendance. But if the school board does allow remote attendance, it provides the permissible reasons remote attendance may be allowed, allows a school board to limit the number of times permission to attend remotely may be granted, and indicates that a school board may not add to the statutory reasons for remote attendance. It also expands the permissible reasons from the original bill to include pregnancy or postpartum complications of a board member’s spouse or partner. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142041 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PLAY-BASED LEARNING IN EARLY CHILDHOOD EDUCATION.

Like House Bill No. 15, this Act permits early childhood educators in the public schools to use and encourage play-based learning in their classrooms and in their curriculum. This Act permits local education agencies to provide early childhood professional development in play-based learning, which may include professional development programs developed by the Department of Education. This Act also permits the Department to promulgate regulations for purposes of implementing this Act. This House Substitute No. 1 for House Bill No. 15 incorporates the changes from House Amendment 1 to House Bill No. 15 with respect to the definitions of early childhood education and early childhood educators encompassing education from prekindergarten through second grade, adding topics that may be included in materials developed to provide ongoing early childhood professional development in play-based learning, and making technical corrections for clarity. This House Substitute also updates the definition of “play” and “play-based learning” contained in House Bill No. 15 and adds a definition for “guided play”.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142035 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER SALARIES.

This Act removes the time restriction that only allowed for certain teachers or specialists who were hired after August 9, 2023, to obtain additional experience credit for purposes of salary computation. This Act would allow for teachers or specialists hired before August 9, 2023, to qualify for the same experience credit for purposes of salary computation. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142023 Delaware - Signed AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION, PROFESSIONAL STANDARDS, AND SALARY SUPPLEMENTS.

This Act ensures that a public school employee may not work directly with students unsupervised without a valid permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position, including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification, student teachers, and classroom aides. The following employees are exempt from the permitting and licensing requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a school. The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a license under Chapter 12 of Title 14, will apply to a permit. The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an employee that is working under an expired license or permit. Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than $1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes must be in effect by the start of the 2026-2027 school year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141986 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY.

Like Senate Bill No. 62, Senate Substitute No. 1 for SB 62 clarifies that state agencies, including public schools, may enter into agreements to trade in or sell materiel other than vehicles, including computer technology, by making the following technical changes to § 7002 of Title 29: • Transferring the current provision allowing agencies to trade in or sell materiel other than vehicles from § 7002(e) to paragraph § 7002(a)(3). • Transferring definitions of terms from § 7002 to the definitions section for this chapter, § 7001 of Title 29. • Revising long, confusing sentences by referencing paragraphs in § 7002 instead of repeating the content of those paragraphs. • Conforming existing law to the standards of the Delaware Legislative Drafting Manual. Senate Substitute No. 1 for SB 62 differs from SB 62 by making additional technical corrections and clarifications.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141988 Delaware - Signed AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS.

This Act incorporates changes made by HS1 for HB204, which was passed by both chambers during the 151st General Assembly, but never enacted into law. It removes the exemption for private schools and youth camps that allows them to use a name-based, rather than a fingerprint-based, background check or choose not to do background checks at all for employees, contractors and volunteers. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. The State Bureau of Identification is also required to provide subsequent criminal history information to the agency receiving background check information. Authority is given to the Department of Education to pay the costs of background checks for its employees. The Act also creates a new § 309A in Title 31, in response to a request from the federal government that the statutory authorization/requirement for private school background checks be separated from the statutory authorization for state and local government authorities. The Act also makes some technical and clarifying changes to existing statutory language. The Act takes effect on July 1, 2026 and child-serving entities and private schools must comply with the requirements by September 1, 2026. This Substitute differs from the original HB47 in that the effective date is in 2026 rather than 2025.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141811 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISORDERLY CONDUCT.

This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141746 Delaware - Signed AN ACT TO AMEND TITLE 22, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE DOWNTOWN DEVELOPMENT CORRIDORS AND DISTRICTS.

This Act builds on the success of the Downtown Development Districts Act, Chapter 19 of Title 22 of the Delaware Code, by permitting a municipality with a population of 30,000 or more in the 2020 federal census, which includes Wilmington, Dover, and Newark, to designate an area in the municipality as a "Downtown Development Corridor". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141734 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC EDUCATION PROFILES.

Each year, the Department of Education (Department) publishes data regarding all Delaware public schools, currently known as School Performance Data Reports (reports). These reports are available on the Department’s website as the Delaware Report Card. This Act revises current law to correspond with and codify current Department practices regarding these reports as follows: • Changes the term “Education Profile” to “education-related data” to reflect the broad range of data that the Department publishes, in addition to the annual reports required under existing State and federal law. • Requires that there is a link to these reports on the school choice website. • Requires that these reports continue to include proficiency rates. In addition, this Act requires that the Department do all of the following: • Provide a link to these reports on the home page of the Department’s website. • Include a list of a career pathways offered at a high school in these reports. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual which includes revisions to clarify repetitive, confusing, or contradictory language.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141941 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.

This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141952 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRAINING FOR SCHOOL BOARDS.

This Act requires that members of school boards, including charter school boards, receive training on all of the following: 1. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29. 2. Best practices regarding the conduct of meetings, including the use of rules of order. 3. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29. Most school boards already provide training that satisfies the requirements under this Act and the training and notices required under this Act may be combined with the training and notices already required under § 1803 of Title 14 for required financial responsibility training. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141962 Delaware - Signed AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.

Under current law, both school board members who are elected and those who are appointed to fill vacancies until the next election are required to complete a background check. However, the statute is currently unclear as to how a background check gets done and who is responsible for reviewing the background check for an appointment. This Act makes clear that a person may not be appointed unless a background check has been completed and the Commissioner of Elections has determined the person is qualified for the seat, in the same manner the Commissioner completes that duty for candidates for school board elections.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141974 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SUSSEX COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL.

This bill removes the current specific tax rate and enrollment limitations placed on Sussex County Vocational-Technical High School District. Future tax rates shall be determined by the Sussex County Vocational-Technical High School District. The enrollment capacity limitations shall be established by the Certificate of Need determined by the Delaware Department of Education.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141911 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEETINGS.

This Act requires that school board meetings have a means for the public to view and provide comment remotely.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142514 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT IMPROVEMENT COMPONENT.

Like Senate Bill No. 165, this Act requires the Department of Education to pilot a revised student improvement component under the Delaware Performance Appraisal System and Delaware Teacher Growth and Support System beginning in the 2025-2026 school year before implementing it statewide. The revised student improvement component must consider factors such as student absences, mobility, and noncompliance that may adversely affect a student’s performance. During the 2026-2027 academic year, the pilot program will expand, allowing for further refinement of implementation and support structures. Participants in the pilot program will be held harmless, so that the revised student improvement component will not factor into overall ratings. The program will be implemented statewide in 2027-2028 for all licensed and certified educators. Senate Substitute No. 1 for Senate Bill No. 165 differs from SB 165 by holding also holding educators harmless during the pilot program and by making the following technical changes: • Using the word “school” to refer to school districts and charter schools because “local education agencies” is not a defined term in the Code. • Clarifying when the pilot program ends. • Reorganizing the provisions to conform to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142256 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED HEALTH CENTERS.

This Act gives DPH the authority to approve supervised clinical training rotations for mental health providers at school-based health centers. ]]> Tue, 02 Sep 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142250 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

This Act updates the Board of Nursing’s enabling act to allow the Board to issue confidential letters of concern to licensees who have acted in manner warranting concern but have not violated the Board’s statute or regulations. The purpose of the letter of concern is to encourage the licensee to improve such practice. The bill further allows the Board to require any licensee who receives 3 or more letters of concern to appear before the Board for a hearing to assess the licensee’s competency, at which time the letters of concern would no longer be confidential.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142280 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS.

This Act clarifies the requirements regarding obtaining a permit to operate a funeral establishment. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142319 Delaware - Signed AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE PRE AUTHORIZATION ACT OF 2025.

This Legislation is the Delaware Pre-Authorization Reform Act of 2025. Section 1 of the Act applies to health Insurance Contracts regulated under Chapter 33 of Title 18. Section 1 provides that changes in utilization review terms for a health-care service, such as the clinical criteria used to conduct utilization reviews for a health-care service, will apply only upon re-authorization of the health-care service. Covered persons must be notified at least 6 months before any changes to utilization review terms, except in certain circumstances such as changes in clinical guideline status In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre- authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to make the determination of appeal; and requirements for any utilization review entity used to perform utilization review by an insurer, health-benefit plan, or health-service corporation. Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not submitted electronically, the utilization review entity must notify the health-care provider within 5 business days of receipt of the request; for requests submitted electronically, notification must be given within 3 business days of receipt. For requests for pre-authorization for urgent health-care services submitted electronically, notification must be given within 24 hours of receipt. By January 1, 2027, insurers, health-benefit plans, health-service corporations, and utilization review entities must accept and respond to electronic pre-authorization requests through the same platform as the electronic request was submitted. In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 90 days. Finally, Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-authorization is granted as to a health-care service that is part of a group of services for which a bundled payment is charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well. Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29 of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 4 of the Act provides that the Act will apply to health insurance policies, contracts, or certificates issued, modified, or renewed after December 31, 2026. Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 6 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2025." ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142504 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL HEALTH CONSORTIUM AND THE PRESCRIPTION OPIOID DISTRIBUTION COMMISSION.

This Act makes the following updates to the Behavioral Health Consortium: - Expands the charge of the Consortium to include all aspects of behavioral health care, in addition to substance use disorder. - Adds term limits for appointed members. - Modifies the membership to remove nonoperational organizations and include representation from the Maternal and Child Death Review Board and Delaware’s Veteran community. - Removes the Behavioral Health Commission’s approval authority over the Prescription Opioid Settlement Distribution Commission’s granting and contracting processes. Additionally, this Act makes the following updates to the Prescription Opioid Settlement Distribution Commission: - Revises the Commission’s organization to reflect one Chairperson. The Commission may elect a vice chair from among its members. - Updates authorities related to the distribution of the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund. - Ensures any reports produced by the Commission are distributed to the Behavioral Health Consortium. This Act also makes minor technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original House Bill No. 169 in that it incorporates the conforming changes in House Amendment No. 1 to House Bill No. 169 directly into the body of the bill.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142407 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL FOR SERVICES FOR AGING AND ADULTS WITH PHYSICAL DISABILITIES.

This Act amends the provisions of Title 29 of the Delaware Code § 7915 relating to the Council for Services for Aging and Adults with Physical Disabilities. This Act adds a Conflict of Interest Policy to § 7915 to ensure compliance with the Older Americans Act Final Rule and must be enacted into law by October 1, 2025.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142371 Delaware - Signed DIRECTING THE STATE EMPLOYEE BENEFITS COMMITTEE AND THE SECRETARY OF HUMAN RESOURCES TO ENGAGE WITH INDEPENDENT CONSULTANTS AND OTHER SUPPLY CHAIN TACTICS FOR COST CONTAINMENT OF PRESCRIPTION DRUGS FOR STATE EMPLOYEES AND RETIREES’ INSURANCE PROGRAMS.

This is a Substitute for Senate Joint Resolution No. 7. Like Senate Joint Resolution No. 7, this Substitute directs the State Employees Benefits Committee (SEBC) to utilize specific strategies and policies when interacting and contracting with Pharmacy Benefit Managers (PBM) in order to achieve lower cost pharmaceutical drug benefit plans for the State. This Substitute differs from Senate Joint Resolution No. 7 by clarifying that the SEBC has a duty to consider all of the following strategies and policies when negotiating for pharmaceuticals: 1. Drug cost transparency. 2. Formation of an independent Pharmacy and Therapeutics Committee. 3. Any other supply chain tactics such as a reverse auction or transparency committee. 4. Compacts with other states to negotiate directly with drug manufacturers. 5. Paying no higher price for all drugs negotiated by Medicare. 6. Requiring PBMs disclose administrative expenses for all pharmaceutical drugs. 7. Requiring PBMs bid based on lowest pricing sources, not average wholesale price. 8. Requiring the SEBC be provided all agreements between PBMs and pharmaceutical companies when those agreements are for drugs contracted for on behalf of the SEBC. 9. Performing audits when the SEBC believes it should be entitled to information to achieve transparency or clarity. This Substitute differs from Senate Joint Resolution No. 7 by directing the SEBC to prepare a report by August 1, 2026, to summarize any difficulties in implementing any of these policies and to submit the report to the Governor; the President Pro Tempore of the Senate and Speaker of the House of Representatives, for distribution to all members of the General Assembly; the Director and the Librarian of the Division of Legislative Services; and the Public Archives.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142611 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SURGICAL SMOKE.

This Act requires health care employers to implement a smoke evacuation system for surgical procedures that generate surgical smoke. This Substitute for House Bill No. 173 clarifies that the Division of Health Care Quality is responsible for enforcement of this chapter.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142570 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.

This Act makes several changes to the Delaware Nursing Home Residents Quality Assurance Commission ("Commission"): - Modernizes the Commission name to the "Delaware Residents’ Protection Commission." The Joint Legislative Oversight and Sunset Committee, during its review of the Commission from 2020-2022, recommended the Commission change its name to something shorter that is easier to remember. - Better delineates the Commission's duties. - Adds provisions to streamline the Commission's operations, including removal of a member who consistently misses meetings and approving Commission action on the affirmative vote of a majority of members present at a meeting. - Gives the Commission the authority to seek grants to support the Commission's operations. - Allows for the establishment of subcommittees to more effectively and efficiently meet the needs of the Commission - Clarifies the Commission’s responsibility to advocate for residents of monitored facilities, work with other agencies and groups to promote systemic reform, and act as an informational resource for the public. - Authorizes the Commission to hold a virtual meeting with a physical location open to the public if a Commission staff member is present at the anchor location. This Act has an effective date of 90 days after the date of enactment into law, to provide the Commission with time to transition from the existing membership to the membership that this Act establishes. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Like Senate Substitute No. 1 for Senate Bill No. 155, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 by doing the following: - Changes the term "long-term care facility" to "monitored facility." - Removes language relating to Administrative Office of the Courts. - Adds 2 members to the Commission: the President of LeadingAge New Jersey/Delaware and the Director of State Governor Affairs, Delaware, of the Alzheimer's Association, Delaware Valley Chapter. - Makes a technical change to the provision relating to virtual meetings. In addition, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 as follows: - Maintains the Gubernatorial appointments as they exist in current law. - Amends a Commission duty so that, under this Act, the Commission provides education and recommends policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141872 Delaware - Signed DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO EXPLORE PARTICIPATING IN THE FEDERAL RESTAURANT MEALS PROGRAM.

This House Joint Resolution directs the Department of Health and Social Services (“DHSS”) to explore participating in the federal Restaurant Meals Program (RMP). The RMP is an option that states may incorporate into their Supplemental Nutrition Assistance Program (SNAP) to ensure that SNAP recipients who are senior citizens, disabled, or unhoused, or other eligible family members of those participants, may use their SNAP benefits to buy hot foods or hot prepared meals. These populations may otherwise experience barriers that prevent them having the opportunity to access a nutritious and sustaining meal. This Joint Resolution also requires DHSS to provide a report to the General Assembly as to its findings. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141939 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE EXAMINATIONS.

This Act provides that privilege between a policyholder or claimant and an insurance company is not waived simply because information is submitted by companies to the Insurance Commissioner, whether or not the information is redacted.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142194 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

This Act updates the Board of Dietetics/Nutrition enabling act, requiring applicants to obtain a minimum of a master’s degree to obtain a license. This change would make Delaware consistent with the Commission on Dietetic Registration (CDR), the credentialing agency of the American Dietetic Association. Beginning on January 1, 2024, CDR required a minimum of a master’s degree in order to become registered. Under the current law, holders of a CDR registration are considered to automatically meet the qualifications for licensure in Delaware, and applicants who are certified by the Board for Certification of Nutrition Specialists must also acquire a minimum of a master’s degree. This Act ensures Delaware is consistent with the current national standards for licensure and registration as a Dietitian or Nutritionist. Finally, the Act eliminates an outdated application provision. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142198 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A SOCIAL WORK LICENSURE COMPACT.

This Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania. This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142237 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ALLOWING DENTAL HYGIENISTS TO ADMINISTER LOCAL ANESTHESIA.

This Act expands the definition of the “practice of dental hygiene” under Title 24 (Professions and Occupations) to include the administration of local anesthesia under the direct supervision of a licensed dentist and directs the State Board of Dentistry and Dental Hygiene (“Board”) to establish the necessary requirements and standards. Currently, Delaware is the only state in the nation that does not allow dental hygienists to administer local anesthesia. Delaware also suffers from a shortage of dental care providers, leaving many Delawareans unable to access timely, quality, affordable dental care. Administering local anesthesia is a task that properly trained dental hygienists can do safely, as shown by the experiences of every other state. Expanding dental hygienists’ scope of practice to allow them to administer local anesthesia under the direct supervision of a licensed dentist will enable them to provide a broader range of services to patients and take some of the burden off the state’s limited supply of dentists. Section 4 of this Act requires the Board to adopt regulations setting the requirements and standards to allow dental hygienists to administer local anesthesia under direct supervision of a licensed dentist no later than January 1, 2026. Section 5 of this Act provides that Sections 1 through 3 of this Act are effective on either January 1, 2026, or when the State Board of Dentistry and Dental Hygiene publishes final regulations implementing the Act, whichever is earlier. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142228 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE HEALTHCARE ASSOCIATED INFECTIONS DISCLOSURE ACT.

This Act updates Chapter 10A of Title 16, the Healthcare-Associated Infections Disclosure Act, to ensure consistency with correct terminology, such as psychiatric changes to behavioral health facilities and to adherence to Centers for Disease Control and Prevention (CDC) National Healthcare Safety Network (NHSN) requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142229 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE HEARING AID LOAN BANK PROGRAM.

This Act repeals the Hearing Aid Loan Bank Program, as the program is no longer operational. The Program was created pursuant to Volume 74, Chapter 109 of the Laws of Delaware (2003), for the purpose of lending hearing aids on a temporary basis to children under 3 years old. Loans were initially for 6 months with possible 3-month extensions granted by the Program Manager. The need for the Hearing Aid Loan Bank Program has steadily decreased over time and the Program is now obsolete. As a result, the Division of Public Health no longer stocks the Hearing Aid Loan Bank. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142231 Delaware - Signed AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY PLANNING.

The Public Health Emergency Planning Commission was established in 2002 and directed to deliver to the Governor a plan for responding to a public health emergency that addressed at least 21 specific provisions. Since then, that single plan has evolved into an overarching Public Health Emergency Operations Coordination Plan, which is a strategic plan that provides a broad context for the execution of public health emergency response and recovery. There are over 70 additional “plans” or annexes that provide additional procedural guidance that have been developed by DHSS in partnership with other state agencies and external stakeholders such as hospitals. The Public Health Emergency Operations Coordination Plan will still be updated every 2 years by DHSS and other state agency and private partners. The Public Health Emergency Planning Commission will be renamed the Public Health Emergency Planning Council. It will review the Public Health Emergency Operations Coordination Plan every 2 years. It will also continue in its advisory capacity to the Governor whenever a public health emergency is declared. It must meet within 30 days of the declaration of a state of emergency due to a public health emergency, and at least every 30 days until the public health emergency is lifted. In the absence of a public health emergency the Council must meet at least once a year. This Act also makes technical corrections to existing statutory language.]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142133 Delaware - Signed AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO NURSING FACILITY QUALITY ASSESSMENTS.

This Act would allow for Exceptional Care for Children (ECC) to continue receiving an exemption from the nursing facility quality assessment. It is intended to be a technical clean-up bill to continue ECC's exemption once the Bridge Unit is open. The Bridge Unit will allow ECC to help a small number of individuals, who turn 21 while in ECC's care, transition from a pediatric setting to an adult setting. ]]> Mon, 25 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142124 Delaware - Signed AN ACT TO NAME THE HILL ON THE WEST BANK OF MILL CREEK LOCATED ON NEW CASTLE PARCEL NUMBER 0803100018 AS “GENERAL WASHINGTON’S HILL OF DECEPTION”.

This bill names the hill west of Mill Creek situated on New Castle County parcel number 0803100018 where the Spring Grove Mill House sits as “General Washington’s Hill of Deception”. This is the site of one of the most impactful combat event that occurred on Delaware soil during the Revolutionary War.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142175 Delaware - Signed AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN

This Act clarifies the intestacy rights of child and parent by cross-referencing related provisions of Title 12 and Title 13 and adds a time limit for a child born of a deceased parent to be considered a child of that parent.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142243 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISTRESSED CEMETERY FUND.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware Cemetery Board. Based on the Committee's recommendation, this Act changes the Office of Auditor of Account's obligation to audit the Distressed Cemetery Fund from annually to at least once every 5 years. This Act also updates the name of the Office of Auditor of Accounts. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142188 Delaware - Signed AN ACT TO AMEND TITLES 14 AND 19 OF THE DELAWARE CODE RELATING TO BARGAINING UNITS.

This Act addresses information and access rights relating to bargaining units, which are defined under existing law as groups of public employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining. Section 1 of the Act amends the Public School Employment Relations Act in Title 14 of the Delaware Code. It provides that a public employer must provide an exclusive bargaining representative with certain contact information of bargaining unit employees, (i) within 14 calendar days of their hiring and (ii) in January and October of each year, starting in January 2026. In addition, a public employer must allow an exclusive representative to communicate with bargaining unit members using their employer-issued email addresses regarding collective bargaining, the administration of collective bargaining agreements, the investigation of grievances, workplace-related complaints and issues, and internal matters involving the exclusive representative's governance or business. Section 2 of the Act makes these same amendments to the Public Employment Relations Act in Title 19 of the Delaware Code.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142022 Delaware - Signed AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS.

Section 1 of this Act amends§ 3301(d) of Title 12 by adding to the definition of “fiduciary” enforcers of purpose trusts under § 3556 of Title 12 that are acting in a fiduciary capacity, by adding to the definition of "nonfiduciary" enforcers of purpose trusts under § 3556 of Title 12 that are not acting in a fiduciary capacity, and by clarifying that others that are not acting in a fiduciary capacity are also nonfiduciaries. Section 2 of this Act amends § 3315(b) of Title 12 so that the statute now states expressly the practical effect of a discretionary interest in a trust merely being an expectancy, which is that a beneficiary of such an interest cannot compel a distribution from the trust. The statute continues to provide, however, that the standard of review under § 3315(a) of Title 12 applies in a suit by a beneficiary for abuse of discretion. Section 2 of this Act also deletes in 2 instances the use of the word “trustee” as being redundant because “fiduciary,” as defined in § 3301 of Title 12, already includes a trustee. Section 3 of this Act amends § 3326 of Title 12 to state expressly within the statute that a modification of a trust by consent while the trustor is living (under§ 3342 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder. Section 3 of this Act also amends § 3326 to state expressly within the statute that a nonjudicial settlement agreement (under§ 3338 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder where the trust’s governing instrument is silent concerning both resignation and the appointment of successor trustees or other officeholders. It is intended that these express statements in § 3326 of Title 12 will reduce the need to resort to a court petition to effectuate the resignation and resulting appointment. Section 4 of this Act amends § 3556 of Title 12 so that the statute: (1) Expressly states that a person is not deemed to be a beneficiary of a purpose trust solely by virtue of receiving disbursements from the purpose trust. (2) Defines the term “enforcer” and permits the governing instrument of a purpose trust to grant the enforcer or some other person exclusive standing to enforce the terms of a purpose trust. (3) Provides that an enforcer will serve as a fiduciary of the purpose trust unless the governing instrument provides otherwise. (4) States that a person that accepts an appointment as enforcer submits to personal jurisdiction in Delaware. (5) If there are no identifiable beneficiaries of the purpose trust, authorizes the enforcer to act as an “interested person” in the context of a nonjudicial settlement agreement under§ 3338 of Title 12 or a nonjudicial modification under§ 3342 of Title 12. The changes in Section 4 of this Act were made to update Delaware law consistent with modern purpose trust statutes in other jurisdictions. Section 5 of this Act amends § 3580 of Title 12 to add to the definition of “trustee” for purposes of Subchapter VII of Chapter 35 of Title 12 by expressly including enforcers of purpose trusts under§ 3556 of Title 12. Section 6 of this Act amends § 1513 of Title 13 to address an ambiguity inherent in the situation where one spouse makes a gift in trust for the other spouse. This Section clarifies that in such circumstance, the donee’s interest in the trust is not marital property unless the trust agreement provides otherwise. Section 7 of this Act provides an effective date.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141983 Delaware - Signed DIRECTING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO COMMISSION AN ARCHITECTURAL STUDY OF KINGSTON-UPON HULL.

This Joint Resolution directs the Department of Natural Resources and Environmental Control to obtain an architectural report of Kingston-upon Hull to consider estimated costs to either restore or stabilize the property. The resolution further directs the report consider future use of the property and recommend a course of action for the property.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142089 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORIZED SCOOTERS.

This bill allows for the limited use of low-speed motorized scooters in Delaware. High speed scooters will remain banned. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141876 Delaware - Signed AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE TO MAKE MARCH 9TH THE 6888TH CENTRAL POSTAL DIRECTORY BATTALION DAY.

This Act provides that March 9 will be known as 6888th Central Postal Directory Battalion Day and will be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating such a day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141957 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This bill removes outdated references to permits. It further empowers the Council to designate those jurisdictions outside of the United States that will be recognized for certain types of applications based upon comity. The bill alters the section regarding discipline for examination violations because the examination is now administered in a computerized format. The bill modifies the process for the reporting of case decision recommendations to the Council by its subordinate committees and clarifies that the Council may seek injunctive relief to enforce its cease-and-desist orders.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141934 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO GENETIC COUNSELORS.

This Act allows licensed genetic counselors to order genetic tests.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141729 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO NUMBER PLATES.

This Act makes it unlawful to possess, operate any motor vehicle with, purchase, install, manufacture, sell, offer to sell, or otherwise distribute a number plate flipping device. A “number plate flipping device” means a manual, electric, or mechanical device designed or adapted to be installed on a motor vehicle that does either of the following: a. Switch between two or more number plates for the purpose of allowing a motor vehicle operator to change the number plate displayed on the operator's vehicle; or b. Hide a number plate from view by turning the number plate so that the number plate registration number is not visible. The penalty for violation of this statute is for the first offense, a fine not less than $50 nor more than $200, imprisonment not less than 30 days nor more than 90 days, or both. For each subsequent like offense, such person shall be fined not less than $100 nor more than $300, be imprisoned not less than 90 days nor more than 6 months, or both. The Act also makes technical changes to existing code language to conform to the Legislative Drafting Manual. A reference to farm vehicles being exempt from registration is removed, because that exemption was removed from the Code in 2014. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142428 Delaware - Signed AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO AN ANIMAL ABUSE OFFENDER LIST.

This Act establishes an animal abuse offender list which will be maintained by the Office of Animal Welfare. The list will be available to the public on the Office of Animal Welfare’s website. The list will contain information regarding adult individuals who are convicted of an animal abuse offense to assist the public and animal agencies in identifying individuals who present a risk to animal welfare. This Act prohibits animal shelters from approving pet adoptions to individuals who are on the animal abuse offender list. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142432 Delaware - Signed DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CREATE A PILOT PROGRAM TO PROVIDE TECHNICAL ASSISTANCE FOR ZONING REFORM TO PARTICIPATING LOCAL GOVERNMENTS.

This Joint Resolution directs the Delaware State Housing Authority to create a pilot program for the purpose of providing technical assistance related to zoning ordinance reform to local governments in Delaware. The goal of this pilot program is to help participating local governments identify and implement zoning practices that increase the supply of affordable housing and support goals such as equitable development and economic growth throughout this State. By giving local governments the technical assistance needed to modernize zoning ordinances, this pilot program will help Delaware close its affordable housing gap while allowing local governments the flexibility to adapt best practices to meet their jurisdictional needs. If successful, this pilot program will establish model policies for local government zoning ordinance reforms that can be expanded across this State. ]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142497 Delaware - Signed ESTABLISHING A TASK FORCE TO REDUCE DRIVING UNDER THE INFLUENCE IN DELAWARE.

This Joint Resolution establishes the Driving Under the Influence Prevention Task Force, established for the goal of deterring drivers in Delaware from Driving Under the Influence. By January 1, 2026, the Task Force is to identify the number of convictions under the Driving Under the Influence Statute in the Code, as opposed to arrests, the reason for the lack of convictions of the arrested persons, and what reforms to Delaware laws and regulations could further help deter instances of Driving Under the Influence, and further topics aimed towards deterring drivers in Delaware from Driving Under the Influence.]]> Thu, 21 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142478 Delaware - Signed AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO THE JUVENILE CIVIL CITATION PROGRAM.

This Act requires a peace officer to consider issuing a juvenile civil citation to a qualified juvenile offender who would otherwise be charged only with specified offenses, and requires that if the peace officer decides not to issue a civil citation and instead charges the juvenile with a crime, the peace officer must document the reason in DELJIS. This Act also requires each law enforcement agency to submit an annual report to the Police Officer Standards and Training Commission about its use of juvenile civil citations. Finally, this Act requires that training on the Juvenile Civil Citation Program be included as part of a police officer’s mandatory training every 2 years.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142266 Delaware - Signed AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

This Act provides protections and rights to victims of sexual assault by doing all of the following: • Codifying the core sections of Delaware's Sexual Assault Kit (SAK) testing policy, adopted in May 2022. • Enacts the recommendations of the Victims' Bill of Rights Committee (VBR Committee), established under SCR 99, (152nd General Assembly) providing rights to victims regarding information about the location, status, and preservation of biological evidence. These protections and rights for victims of sexual assault are in addition to existing requirements for DNA analysis performed by the Division of Forensic Science (DFS) laboratory under Chapter 47 of Title 29 and the Victims’ Bill of Rights under Chapter 94 of Title 11. Section 1 revises the definitions in Chapter 47 of Title 29 by transferring definitions from § 4713 of Title 29, updating existing definitions, and creating new defined terms that reflect current practices. Section 2 updates existing requirements under § 4713 of Title 29 that apply when the DFS laboratory receives, analyzes, and classifies biological samples and obtains DNA results, by doing all of the following: • Adding the names of the state and federal DNA databases. • Referencing current law-enforcement procedures, including the names of Delaware’s criminal justice case management systems. • Requiring the Department of Justice, or a law-enforcement agency authorized by the Department of Justice, to inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample that has been submitted. This enables DFS to comply with NDIS policies and procedures related to when DNA results can be included in the National DNA Index System. • Adding the VBR Committee’s recommendations preventing the destruction of biological samples from unsolved sexual assault cases based on the victim’s age at the time of the alleged offense. For adults, these biological samples may not be destroyed until 20 years after the collection of the evidence and if the victim was under 18 years of age, until the victim is 40 years old. • Adding references to the new SAK-specific provisions under § 4713A of Title 29 and § 9403B of Title 11. Section 3 adds additional requirements that apply when the DFS laboratory conducts DNA analysis of SAKs, codifying Section 5 and Section 7 of the existing SAK testing policy. Section 4 adds definitions related to biological evidence to Chapter 94 of Title 11 for the Victims’ Bill of Rights. Section 5 adds the following to the Victims’ Bill of Rights: • Requirements that apply to investigating law-enforcement agencies, codifying provisions in Section 3 and Section 4 of the existing SAK testing policy. • The VBR Committee’s recommendations regarding victims’ rights to information about the location, status, and preservation of biological evidence, such as learning the status and results of DNA testing. Victims of unsolved sexual assault cases have the right to notice before biological evidence is destroyed, to request that this evidence be preserved, and to designate another person to receive information about the status of biological evidence on their behalf. Section 6 updates how victims receive notifications from law-enforcement agencies that are required under the Victims’ Bill of Rights, to allow for implementation of the victims’ rights to information about biological evidence. All of the following changes were recommended by the VBR Committee and are identical to the language in Senate Bill No. 17 (153rd): • Allowing law-enforcement agencies to send notifications electronically. • Providing that victims are responsible for providing a law-enforcement agency with changes to the victim’s contact information. • Allowing a victim to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. Sections 7 through 9 revise the definitions of “DNA” and “DNA profile” in Part II of Title 11 for criminal procedure so they align with the definitions in Chapter 47 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142287 Delaware - Signed AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PUBLIC ACCOMMODATIONS.

The Delaware Equal Accommodations Law, Chapter 45 of Title 6, prohibits discrimination in places of public accommodation on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This Act ensures that all government services, including those provided directly by government entities and those that are government-funded or supervised, are subject to the same non-discrimination requirements as private businesses by revising the definition of “place of public accommodation”. This Act also creates a definition of “person” that is consistent with similar definitions in the Code. Sections 2 through 4 of this Act provide enactment instructions because House Bill No. 36 (153rd General Assembly) also revises § 4502(19) of Title 6. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142290 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT.

This Act provides immunity to nonprofit organizations who distribute new secure gun storage and safety devices to individuals so long as the devices are distributed in their original packaging and are unopened. The nonprofit must provide gun safety pamphlets with the distribution of gun storage and safety devices. This Act does not limit any liability on the part of the manufacturer, distributor, or retailer of the secure gun storage or safety device. HS 1 to HB 154 clarifies that this Act applies to tax-exempt nonprofit organizations and law enforcement agencies. It also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141754 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED LAW-ENFORCEMENT ANIMALS.

This Act provides financial support to owners who adopt a horse that retired from serving with the Department of Correction, State or Capitol police, the Department of Natural Resources and Environmental Control, or the Office of the State Fire Marshal. The owners of these retired-law enforcement horses may be reimbursed up to $3,000 annually for veterinary care expenses and farrier services paid by the owner for the care of the retired law-enforcement horse. The Department that the retired law-enforcement horse assisted shall issue veterinary care and farrier services reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement horses. This Act also makes structural changes to incorporate the support for retired law-enforcement animals into a single subchapter. This Act changes subchapter VII of Title 16 from the Retired Law-Enforcement Canine Act into the Retired Law-Enforcement Animals Act. This Act moves all the definitions into their own section, and adds and modifies definitions, as needed, to account for the addition of horses. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement horses that retire before the implementation date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141761 Delaware - Signed AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WEAPONS.

This Act amends Chapters 1, 5, 7, and 17 of Title 7 of the Delaware Code to be consistent with the recent legislative change of the definition of a firearm in Title 11. This Act is needed to address public safety and enforcement concerns. Archery equipment and air guns are no longer classified as firearms and the proposed amendments would continue to make certain actions and activities with these “projectile weapons” prohibited, such as having these weapons loaded or discharged from a vehicle, road, or within a designated safety zone. The Act recognizes that there are certain actions and activities with “projectile weapons,” that should continue to be prohibited even though they are no longer classified as “firearms.” This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. Section 1309 of Title 7 of the Delaware Code provides that the Justice of the Peace Court has jurisdiction of the offenses being amended by this Act.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141827 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE EMPLOYMENT OF STATE PENSIONERS.

Current law allows pensioners to be employed in a Governor-appointed position or as a temporary, casual, seasonal, or substitute employee, including as a substitute teacher, but only after a 6-month separation of service period if the pensioner is under age 65 and limits annual earnings by temporary, casual, seasonal, or substitute employees to $50,000 before an individual’s earnings affect the amount of the individual’s pension. To alleviate staffing shortages in schools and state agencies with 24-hour shifts, this Act removes the earnings limit beginning calendar year 2025, lowers the age when the separation of service period applies to individuals who are under 59 ½ years old, and reduces the required separation of service period to 3 months. This Act also clarifies that the pensioners may be employed as substitute teachers by charter schools under the same requirements as school districts. To comply with federal law, this Act makes the bona fide 3-month separation period applicable to all pensioners employed under § 5502(a) of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141938 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.

This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141889 Delaware - Signed AN ACT TO AMEND TITLE 2, TITLE 6, TITLE 9, TITLE 10, TITLE 14, TITLE 19, TITLE 20, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DISCRIMINATION.

This Act aligns Delaware’s non-discrimination laws. Delaware has several broad laws that prohibit discrimination in public accommodations, housing, employment, and insurance but also has many narrow non-discrimination laws that apply to a specific entity, or type of entity, even though a broad law also prohibits discrimination by that entity. This Act aligns the narrower non-discrimination laws with the applicable broad non-discrimination law by also prohibiting discrimination on any other basis protected under the applicable broad law. Adding the reference to the chapter for the applicable broad law includes all protected classes, definitions, and actions that are currently protected under the broad law or that are added to the broad law in the future. This Act does not make any substantive changes to current non-discrimination laws but is necessary because most of the narrow laws do not contain all of the same protected classes as the broad law that also applies or do not include the definitions of classes that are also in the broad law. These inconsistencies could lead to a misunderstanding by someone reading only an incomplete narrow law, and eventually litigation, about what constitutes illegal discrimination by an entity covered by both the narrow and broad laws. For example: • The non-discrimination provision for the Board of Podiatry under § 506(c) of Title 24 does not prohibit discrimination on the basis of the following classes, for which discrimination is prohibited under Chapter 45 of Title 6: age, marital status, religion, sexual orientation, gender identity, or disability. • Only 4 of the 42 chapters in Title 24 establishing professional licensing boards contain a non-discrimination provision, but this does not mean that the other 38 licensing boards are free to discriminate. Aligning these 4 non-discrimination provisions with Chapter 45 of Title 6 clarifies that Chapter 45 of Title 6 also applies to the 38 professional boards that do not have specific non-discrimination provisions. • For merit system state employees, § 5953 of Title 29 only prohibits discrimination based on race, religion, sex, sexual orientation, gender identity, and housing status but in addition to these classes, § 711 of Title 19 prohibits any employer in this State, including the State, from discriminating in employment based on age, marital status, color, national origin, or disability. • Most of the narrower non-discrimination laws do not include all of the definitions in the applicable broad law. Adding the reference to the applicable broad law incorporates those definitions into the narrower law. For example: 1. All of Delaware’s non-discrimination laws prohibit discrimination based on race and all of the broad non-discrimination laws define “race” as including traits historically associated with race, including hair texture and protective hairstyle. However, very few of the narrower non-discrimination laws include this definition of “race”. 2. Several narrow non-discrimination laws prohibit discrimination on the basis of sexual orientation and gender identity but do not include or specifically reference the definitions of “sexual orientation” or “gender identity” in the applicable broad non-discrimination law. Specifically, this Act revises the following narrow non-discrimination laws to align with the applicable broad non-discrimination law, as follows: To align with the Delaware Equal Accommodations Law, Chapter 45 of Title 6, which prohibits discrimination on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin by establishments that offer goods, services, facilities, privileges, advantages, or accommodations to the general public, including government agencies: • Transportation networks, § 1917 of Title 2. • Parkland owned by civic associations, § 8110 of Title 9. • Jury service, § 4502 of Title 10. • Private business and trade schools, § 8516 of Title 14. • Delaware Veterans Memorial Cemetery, § 1204 of Title 20. • Board of Podiatry, § 506 of Title 24. • Board of Chiropractic, § 706 of Title 24. • The Board of Medical Licensure & Discipline, § 1713 of Title 24. • Board of Funeral Services, § 3102 of Title 24. To align with the Delaware Fair Housing Act, Chapter 46 of Title 6, which prohibits discrimination on the basis of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, or housing status in housing offered for sale, rent, or exchange: • Section 4601 of Title 6, because gender identity is missing from the list of classes protected in the purpose section of Chapter 46 even though gender identity is protected under all of the substantive provisions under that chapter. • Recording of deeds, § 9605 of Title 9. • Residential Landlord-Tenant Code, § 5116 of Title 25. To align with Chapter 46 of Title 6, Subsections (a), (b), and (d) are revised to use the term "familial status" because "familial status" is defined in the Delaware Fair Housing Act to mean a household with children. • The definition of “comparable housing” in § 7102 of Title 25 for the conversion of manufactured home communities. To align with the unlawful employment practices in employment under Chapter 7 of Title 19, which prohibits discrimination in employment on the basis of race, marital status, genetic information, color, age, religion, sex including pregnancy, sexual orientation, gender identity, national origin, housing status, disability, status as a victim of domestic violence, a sexual offense, or stalking, or a reproductive health decision: • New Castle County government, § 1183 of Title 9. • Training and apprenticeship programs, § 204 of Title 19. • Merit System of Personnel Administration, § 5953 of Title 29. • Large public works contracts, § 6962 of Title 29. This Act also clarifies that the definition of “place of public accommodation” in § 4502(19) of Title 6 includes entities and services licensed or regulated under Title 5, Banking. This Act does not make any changes to Title 18 for insurance. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141885 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE ESTABLISHING THE OFFICE OF SUICIDE PREVENTION.

This Act establishes the Office of Suicide Prevention to address suicide prevention and to do the following: (1) Serve in coordination with the Department of Services for Children, Youth and their Families as a place to reach all suicide prevention resources in the State. (2) Assist the suicide prevention coalition in its mission. (3) Provide suicide prevention, intervention, and postvention vision and guidance to stakeholders throughout the State. (4) Work with community level prevention organizations to promote best practices in suicide prevention, intervention, and postvention. (5) Oversee suicide prevention, intervention, and postvention funding application processes and seek grant funds to further suicide prevention, intervention, and postvention. (6) Prepare an annual report for the General Assembly and Governor that outlines the work of the Office and progress made towards suicide prevention, intervention, and postvention, beginning on October 15, 2026. (7) Create the State’s Suicide Prevention Plan, with approval of the suicide prevention coalition, and update it no fewer than every three years. The Act provides that the Division of Substance Abuse and Mental Health will choose a Director to carry out the Office’s duties. ]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142033 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.

This Act changes the period of time for which relief may be granted under a lethal violence protective order from 1 year to 5 years. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142220 Delaware - Signed AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 19 OF THE DELAWARE CODE RELATING TO CRIME VICTIMS AND WITNESSES.

Senate Concurrent Resolution No. 99 (152nd General Assembly) created the Victims’ Bill of Rights Committee (VBR Committee) to perform a comprehensive review of the Victims’ Bill of Rights (VBR) and make recommendations to clarify the VBR, strengthen protections for victims, and ensure that state agencies have the necessary mechanisms, administration, and funding to successfully implement the VBR. To facilitate in-depth review and discussion, the VBR formed the following 4 subgroups: The Victim Safety Subgroup, The Rights of Special Victims Subgroup, The Victims’ Rights to Information and Notification Procedures Subgroup, and the Victims’ Compensation and Administration Subgroup. Like Senate Bill No. 17, Senate Substitute No. 1 for Senate Bill No. 17 revises the Victims’ Bill of Rights and the Victims’ Compensation Assistance Program based on the recommendations in the February 27, 2024, Victims’ Bill of Rights Committee Final Report. Senate Substitute No. 1 to SB 17 differs from SB 17 as follows: 1. Revises the definition of "individual with a cognitive disability" to reference the definition of “cognitive disability” in the Criminal Code, consistent with the standards of the Delaware Legislative Drafting Manual. 2. Requires that the summary of the victims’ rights be printed on the last page of the victim’s copy of the initial incident report instead of on the back. 3. Revises the language regarding the rights of victims and witnesses in regard to immigration status. 4. Requires that the notice published in the Register of Regulations under Section 14, that funds have been appropriated to implement the provisions under § 9414(a)(4) of Title 11, be provided by the Executive Director of the Delaware Criminal Justice Information System. Section 1 revises Chapter 94 of Title 11 (“this chapter”), the Victims’ Bill of Rights, by making technical changes for clarity and by adding substantive policy provisions that either codify existing practices or create new rights and responsibilities as follows: Substantive changes that establish the following new rights or responsibilities: 1. To extend these rights to more victims, adds additional offenses to the definition of "crime" for this chapter and includes any offense that is the basis for abuse, domestic violence, or a sexual violence protective order. 2. Adds a complaint process that a victim or witness can use if a law-enforcement agency fails to comply with this chapter. 3. Adds the victim’s or witness’s school to the personal information that must be kept confidential. 4. Provides victims the right to have a victim advocate present, if available, at all proceedings related to the crime. 5. Requires that victim services professionals inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed. 6. Provides a right to review portions of recordings derived from body-worn cameras that includes statements made by the victim. 7. Provides a right to make a statement that is separate from the victim-impact statement under the pre-sentence report process. 8. Updates the manner in which victims receive notifications under this chapter by allowing law-enforcement agencies to send notifications electronically and requiring DELJIS to create the mechanism by which law-enforcement agencies can send these notifications by email. Victims will be able to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. 9. Requires that the Department of Justice create a website where the rights of victims and witnesses under this chapter are explained in a user-friendly manner, in English and in Spanish, and in a format that is as accessible as possible for individuals with disabilities. This website must include information about rights victims or witnesses have under other sections of the Code. 10. Strengthens the annual report requirements for law-enforcement agencies regarding compliance with this chapter by adding specific information that must be included in each report. The individual law-enforcement agency reports must be compiled by the Criminal Justice Council (CJC) into 1 final report and posted on the CJC webpage. 11. Extends to witnesses the current requirement that the court to provide a waiting area for victims that is separate and secure from the defendant, the defendant’s relatives, and defense witnesses. 12. Provides witnesses with the same right to the prompt return of property from law-enforcement that currently exists for victims. 13. Consistent with the notice requirements to victims of an application for parole, requires that notice to be provided to victims of crimes under this chapter when an application is filed for a pardon, including for an adjudication not terminated in favor of the child, or when an application for discretionary expungement of an adjudication not terminated in favor of the child is filed. Substantive changes that codify existing practices: 1. Updates the definition of “law-enforcement agencies” to include police, the Department of Justice, and the Department of Correction, including probation and parole. 2. Expands the definition of “representative of the victim” to include members of the victim’s family if the victim is deceased and the parent, guardian, or custodian of a victim who is unable to meaningfully participate in proceedings. It also clarifies the representative of the victim if the victim or the deceased victim’s sibling is in the custody of the Department of ‘Services for Children, Youth, and their Families. 3. Revises and expands the definition of victim services to include the broad array of assistance that is available to victims of crime. 4. States that the remedy for a victim or witness if a law-enforcement agency fails to comply with this chapter is to file a writ of mandamus under § 564 of Title 10. 5. Provides victims and witnesses the right to express safety concerns while attending proceedings at court and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures. 6. Provides the right for immigrant victims and witnesses not to be detained by law enforcement or turned over to federal immigration authorities unless there is a judicial warrant. 7. Requires that the Delaware Criminal Justice Information System (DELJIS) provide a summary of a crime victim’s rights and information about victim services that is printed on the last page of the victim’s copy of the initial incident report. 8. Repeals the applicability of this chapter to qualifying neighborhood or homeowners’ associations. 9. Requires the Board of Pardons to provide notice of all applications for a pardon to the Superior Court and the Department of Justice. Technical changes: 1. Reorganizes existing provisions so that rights of all victims are in subchapter I. by transferring the rights of victims with cognitive disabilities from subchapter II. 2. Reorganizes existing provisions so that rights of all witnesses are in subchapter II. by transferring the rights of witnesses from subchapter I and correspondingly redesignates subchapter II as the Rights of Witnesses to Crime. The rights provided to victims and witnesses with cognitive disabilities are incorporated in the applicable subchapter. 3. When possible, instead of listing each specific offense included in the definition of “crime”, offenses are included in this definition by subchapter or subpart. 4. Transfers rights applicable to all crime victims under § 9404 through § 9408 of Title 11 to § 9403 of Title 11. 5. Repeals unnecessary definitions and language that repeats rights provided in another section of this chapter or elsewhere in the Code. Sections 2 through 4 revise Chapter 90 of Title 11, the Victims’ Compensation Assistance Program, as follows: • Section 2 revises § 9002 of Title 11 to combine funeral and burial expenses into 1 category of pecuniary loss to simplify approval of payments for these expenses. • Section 3 makes corresponding changes to the job title of the victim services personnel who are members of the Victims’ Compensation Assistance Program Advisory Council under § 9003 of Title 11 and adds standard language regarding the conduct of meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting. • Section 4 repeals the requirement that unencumbered balances in excess of $6,000,000 in the Victims’ Compensation Fund at the end of each fiscal year be deposited in the General Fund. Section 5 through Section 12 make the following corresponding technical changes to other Code sections to align with Chapter 94 of Title 11: • Section 5 revises § 3512 of Title 11 to contain the exceptions in current § 9407 of Title 11 and reference the definition of “member of the victim’s family” in § 9401 of Title 11. • Section 6 revises § 4331 of Title 11 so it is consistent with the victim’s right to make a statement under § 9406(8)b. of Title 11. Section 6 also repeals the reference to § 4209A of Title 11 that the Revisors have noted in the Code as “[repealed]” because the version of § 4209A that was in the Code when this sentence was enacted in 1991 was repealed in 1989 but this corresponding reference was not repealed. • Sections 7 and 8 revise § 4347 and § 4361 of Title 11 so that the Board of Parole and the Board of Pardons must send notice to victims and witnesses in the manner and under the procedures established in § 9414 of Title 11. • Sections 9 and 10 revise § 1018 of Title 10 and § 4374 of Title 11 so that victims are contacted about petitions for discretionary expungement under the procedures established in § 9414 of Title 11. • Section 11 requires that the regulations adopted by the Police Offer Standards and Training Commission under § 8404 of Title 11 include the victim’s right to review portions of recordings derived from body-worn cameras that include statements made by the victim. • Section 12 increases notice to employers about the current law prohibiting an employer from discharging or disciplining a victim or representative of a victim because the individual participated in the preparation for or attended proceedings by adding a reference to § 9409(a) of Title 11 to § 711(i) of Title 19, which lists unlawful employment practices. Section 13 provides a delayed implementation date to provide the Department of Justice time to create the informational websites for victims and witnesses required under § 9414(c) and (d) of Title 11. Section 14 makes the requirement under § 9414(a)(4) of Title 11 that DELJIS create the mechanism by which law-enforcement agencies can send notifications by email contingent upon an appropriation of the funds necessary to fulfill this requirement and then provides 18 months to implement this requirement. In addition to the recommendations in the Victims’ Bill of Rights Committee Final Report, this Act also revises the membership of the Victims’ Compensation Assistance Program Advisory Council, based on suggestions that arose after the conclusion of the VBR Committee’s work, by adding the Child Advocate and an additional member from the mental health profession. This Act also makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142153 Delaware - Signed AN ACT TO RENAME THE DELAWARE STATE POLICE TRAINING ACADEMY IN HONOR OF COLONEL JAMES L. FORD, JR.

This Act renames the Delaware State Police Training Academy as the "Colonel James L. Ford, Jr. State Police Training Academy" in honor of Colonel Ford’s lifelong dedication to public service. It acknowledges his distinguished career with the Delaware State Police, where he held various leadership roles, ultimately serving as Superintendent. The Act also recognizes his significant contributions to law enforcement training, education, and public safety, as well as his service as Cabinet Secretary of Public Safety and Homeland Security.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142161 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF COURT DECISIONS ON MOTIONS TO TRANSFER.

Currently, if a child’s criminal case is transferred by the Family Court to Superior Court, or if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order. This Act also makes technical corrections to conform with H.B. 115 of the 151st General Assembly, which was enacted into law on November 8, 2021 and prohibited transfers to Superior Court for children under the age of 16 in all but the most serious offenses. ]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142163 Delaware - Signed AN ACT TO AMEND CHAPTER 472, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS.

In the 151st General Assembly, SS1 to SB 258 was passed, which permitted pet owners to pursue compensatory damages without limitation for veterinary bills incurred to care for a pet that was injured by the negligence, reckless, or intentional acts of another individual or that individual's pet. This act removes a sunset provision that would have these changes expire on October 14, 2025. ]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142139 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.

This Act creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.” The offense is a class E felony. The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.]]> Wed, 20 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142653 Delaware - Signed AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.

Like House Bill 187, this substitute permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers, so long as it is done through a common carrier permit. This substitute act adjusts the language in this act to be consistent with the Liquor Control Act (LCA). Language regarding common carrier licenses has been moved to Chapter 5 of Title 4. It adds a definition for "common carrier" and requires age verification training for common carrier employees and independent contractors, with training to be approved by the Commissioner. This substitute also extends the effective date of the Act to 365 days after enactment into law and requires the Commissioner to study the impact of this Act on wine retailers and submit the results of such study to the Governor and the General Assembly by June 1, 2028. This substitute also adds a sunset provision of 5 years to the Act, unless otherwise provided by a subsequent act of the General Assembly.]]> Fri, 15 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141724 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF INSPECTOR GENERAL.

This Act establishes an independent and nonpartisan Office of the Inspector General (OIG) and the position of the Inspector General. Under this Act, the OIG would be unique in state government as a non-political agency with a sole mission to investigate and prevent fraud, waste, mismanagement, corruption, and other abuse of governmental resources. The OIG will protect the health and safety of Delaware residents, assist in the recovery of misspent or inappropriately paid funds, and strengthen government integrity and the public trust in government operations by doing all of the following: 1. Investigating the management and operation of state agencies to determine if there has been waste, fraud, abuse, mismanagement, corruption, or other abuse of governmental resources that is harmful to the public interest, including the General Assembly’s management of governmental resources and routine administrative operations, such as requirements related to employment practices and procurement. The OIG authority in regard to the General Assembly is limited under the Delaware Constitution and thus cannot include the General Assembly’s legislative functions or disciplinary authority which are governed by the Delaware Constitution and the rules of proceedings adopted under § 9 of Article II of the Delaware Constitution. 2. Coordinating with other investigative and law-enforcement agencies, including the Attorney General and the Auditor of Accounts (Auditor). 3. Recommending corrective actions and statutory revisions, and, if necessary, make referrals to other law-enforcement agencies. 4. Providing reports to the Governor, Attorney General, and General Assembly, and these reports will be available to the public on the OIG website. The Inspector General will not duplicate the work of the Auditor, Attorney General, Public Integrity Commission, or other investigative or law-enforcement agencies and will work collaboratively, including through memoranda of understanding, with these agencies for the purposes of efficiency and coordination. Specifically, the Inspector General can be distinguished from these agencies as follows: • Under the generally accepted government auditing standards in the Yellow Book produced by the U.S. Government Accountability Office, both financial and performance audits are only designed to detect fraud, illegal activity, noncompliance, abuse, and waste. An auditor determines whether the subject matter meets criteria, reaches reasonable assurance, and follows directive standards. If an auditor detects fraud or other bad behavior, they must report it to an investigation agency. • The OIG will be an entirely independent investigation agency, charged with gathering evidence to identify the individual responsible for the bad behavior identified through an audit and prove that it occurred. For complaints the received from other sources, the OIG will investigate to determine if there is or has been bad behavior. In addition to proving instances of bad behavior, these investigations may also prove that an allegation is false or incorrect. • The OIG will not duplicate the work of existing ombudsperson offices because the OIG is primarily concerned with detecting and preventing fraud, waste, mismanagement, corruption, and abuse of governmental resources while ombuds programs are concerned with violations of the rights and treatment of specific populations. • If the OIG believes, based on an investigation, that there has been or continues to be significant problem regarding fraud, waste, mismanagement, corruption, or evidence of a crime, the Inspector General must report the finding to the Department of Justice (DOJ). If the DOJ does not take action on a referral, the OIG may pursue a civil action on behalf of the State. • The OIG will be unique in State government because the Inspector General is not elected and will be an entirely independent agency. The Inspector General will be selected through a process that requires a Selection Panel to provide 3 names to the Governor for consideration. The Governor will select a nominee from these 3 names for appointment as Inspector General and submit the nominee to the Senate for confirmation. Once confirmed, the Inspector General serves a term of 5 years. In addition, the DOJ is not responsible for providing legal advice, counsel, services, and representation to the OIG. In other states, the financial impact of investigations by the Office of Inspector General has exceeded the annual budget for that office by millions of dollars. Some examples of conduct that have been identified in states where an Inspector General has responsibilities similar to those under this Act include the following: • In Georgia, an agency administrator who faked multiple pregnancies, receiving 265 hours of leave for which she was not otherwise eligible to receive. • Massachusetts has recovered more than $245,000 from 13 former troopers within the State Police for overtime pay they received for hours they did not actually work. • In Indiana, a Department of Child Services worker was found to have falsified case notes regarding child welfare assessments. • In Louisiana, state agencies were found to have wasted more than $500,000 in non-refundable airline tickets that were allowed to expire and lose value. Under this Act, the selection process for the Inspector General begins within 60 days of enactment. This Act also makes corresponding clarifications to existing law and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Thu, 14 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142103 Delaware - Signed AN ACT TO AMEND THE DELAWARE CODE RELATING TO CREATION OF A DELAWARE DEPARTMENT OF VETERANS AFFAIRS.

This Act establishes a new state-level Department of Veterans Affairs led by a cabinet-level Secretary to advocate for and administer programs relating to veterans in the State of Delaware. It is the intent of this legislation that current staff of the Delaware Commission of Veterans Affairs and the Office of Veterans Affairs will continue their work, but as part of the new Department of Veterans Affairs, with the potential for expanded staff and duties in accordance with annual appropriations. The Department will hire veterans wherever possible. The Commission of Veterans Affairs will continue in its current form. It will continue to oversee the Delaware Veterans Home and will serve in an advisory role to the new Secretary and Department on other matters relating to veterans. The new Department is tasked with developing and proposing strategies for the provision of alternative elder care or the establishment of one or more additional veterans homes to serve the aging veteran population. House Substitute No. 1 to House Bill No. 1 differs from the original in that the Department of Veterans Affairs will for the present remain a part of the Department of State for budgetary, administrative, and operational purposes. The Secretary of Veterans Affairs, in consultation with other executive branch officials, is directed to develop a transition plan to separate from the Department of State and operate as a separate Department by July 1, 2030, or such time as there will be no negative impacts to the funding for veterans programs in Delaware. The plan must be presented to the General Assembly as a Transition Report and approved through a concurrent resolution. ]]> Wed, 13 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142705 Delaware - Signed AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY PROPERTY TAX DATA.

This Act is a substitute for and differs from Senate Bill No. 202 by requiring only New Castle County to prepare and submit reports on a quarterly basis. The substitute bill also replaces language of the original bill that referenced property parcels “sold” and their “purchased value” with more precise terms consistent with language used on the realty transfer tax return such as “consideration.”]]> Wed, 13 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142677 Delaware - Signed AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO PROPERTY TAX COLLECTION.

This Act requires the tax collecting authority of each county, in the first tax year following a general reassessment, to allow the payment of school taxes under a payment plan of at least 3 equal installments for a residential taxpayer, in a primary residence, whose tax bill increases by $300 or more over the prior year. No late fees, interest, or penalties may be assessed to a taxpayer who enters and complies with a payment plan. The Act also reduces late payment penalties for school taxes in New Castle County to 1% per month, the current penalty for late payment in Kent and Sussex. This Act sunsets 3 years after its enactment into law.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142679 Delaware - Signed AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL AND COUNTY TAXES.

This Act requires a county to issue a refund to a taxpayer for property tax determined to have been overpaid for that year after an assessment appeal if the amount is $50 or greater. A county may elect to refund or credit the amount against future taxes due when the overpayment is less than $50. Amounts in school taxes determined to have been overpaid by a taxpayer after an assessment appeal will be refunded by the county following the same rule.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142680 Delaware - Signed AN ACT RELATING TO LOCAL SCHOOL TAXES IN THE 2025-2026 TAX YEAR.

This Act allows any school district located in New Castle County to reset its tax rates for the 2025-2026 tax year and to reissue a tax warrant using different residential and non-residential tax rates. The non-residential tax rate must be at least equal to the residential tax rate and may not be more than 2 times the residential tax rate. The total amount of revenue projected to be collected through use of the residential and non-residential tax rates may not exceed the total amount of revenue the district was projected to collect under its original tax warrant. The districts have 10 business days from the enactment of this Act to reset the rates and issue a new tax warrant to New Castle County. Upon receipt of a new tax warrant, New Castle County will supplement any tax bill already issued for taxpayers in that district and adjust tax bills with an extended deadline for payment of October 30, 2025 for tax bills that change. For any taxpayer who submits payment under the original tax bill and whose total school tax liability is adjusted downward, the difference will be credited against future tax liability unless the taxpayer submits a written request for a refund, in which case New Castle County shall issue a refund. A school district that resets its rates in accordance with this Act may request and borrow from State Division I funds in the event of a cash flow shortfall of local school funds due to the extension of the deadline for tax payments for the 2026 fiscal year.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142690 Delaware - Signed AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL TAX RATES BASED ON PROPERTY CLASSIFICATION.

This Act codifies the longstanding authority of Delaware counties and municipalities, under common law, to separately tax different classes of real property if the classification is reasonable and, as required under § 1 of Article VIII of the Delaware Constitution, the tax rates are uniform for all property in each classification. See Green v. Sussex County, 668 A.2d 770, 776 (Del. Super. Ct. 1995), aff’d 667 A.2d 1319 TABLE (Del. 1995); Aetna Cas. & Sur. Co. v. Smith, 131 A.2d 168, 177-78 (Del. 1957); Phila. B & W R. Co. v. Mayor & Council of Wilm., 57 A.2d 759, 765-66 (Del. Ch. 1948); Conrad v. State, 16 A.2d 121, 125-26 (Del. 1940). The City of Wilmington has different tax rates for residential and non-residential properties and upon enactment on July 30, 2025, House Substitute No. 1 for House Bill No. 144 amended the Charter of the City of New Castle to allow varying tax rates based on property classification. This Act clarifies that all municipalities have this authority, avoiding the need for separate legislation amending the municipal charter of each municipality to provide this clarity. 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 charter issued to a municipal corporation.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142692 Delaware - Signed AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAX LEVY.

This Act codifies Delaware’s longstanding common law recognition of the authority of Delaware counties and municipalities to separately tax different classes of real property if the classification is reasonable and, under § 1 of Article VIII of the Delaware Constitution, the tax rates are uniform for all real property in each classification. See Green v. Sussex County, 668 A.2d 770, 776 (Del. Super. Ct. 1995), aff’d 667 A.2d 1319 TABLE (Del. 1995); Aetna Cas. & Sur. Co. v. Smith, 131 A.2d 168, 177-78 (Del. 1957); Phila. B & W R. Co. v. Mayor & Council of Wilm., 57 A.2d 759, 765-66 (Del. Ch. 1948); Conrad v. State, 16 A.2d 121, 125-26 (Del. 1940). As this Act is a codification of longstanding authority of taxing authorities to separately tax different classes of real property, Section 5 of this Act makes clear that this Act applies to county tax rates retroactively and prospectively.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142585 Delaware - Signed AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LEASES OF AGRICULTURAL LAND OWNED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE.

This Act is a Senate Bill version of House Bill No. 117, as amended by House Amendment No. 1 (“House Bill No. 117”), which was reported out of the House Agriculture Committee on May 14, passed by the House on May 22, and reported out of the Senate Agriculture Committee on June 11. This Act replaces House Bill No. 117 to do all of the following: (1) Correct the bill title to ensure adequate notice that this Act is intended to apply to land owned by a political subdivision of this State, not just land owned by this State. (2) Make technical corrections consistent with the Delaware Legislative Drafting Manual. (3) Clarify that under § 2002(b) of Title 3 the land referenced is intended to be land owned by this State or a subdivision of this State. Otherwise, this Act is substantively identical to House Bill No. 117 and so, like House Bill No. 117, this Act requires this State and any political subdivision of this State to notify the Farm Bureau when land owned by this State or any political subdivision of this State is listed for bidding for agricultural use. This requirement applies to land that is at least 10 acres in size and is used or intended to be used for agricultural use. The requirement to notify the Farm Bureau is in addition to, and not in lieu of, any other notice required by law.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142303 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE FAMILY JUSTICE CENTER COUNCIL.

This Act expands the composition of the Family Justice Center Council by removing a single member that previously represented the health care community including both mental health providers and sexual assault nurse examiners, and instead adding one member representing the mental health care provider community, one member representing the sexual assault nurse examiner community, and one member representing system-based police or prosecution victim service specialists.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141749 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS.

This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation. ]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141887 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEX OFFENDER COMMUNITY NOTIFICATION.

Beginning in 2002, schools, school districts, and licensed child care providers have been required to keep binders of community notifications with information about registered sex offenders. This requirement was enacted based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions. This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide “school and child care notification” that includes all of the following information: 1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”). 2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website. 3. The URL for the Delaware Sex Offender Central Registry website. The school, school district, or licensed child care provider must provide the school and child care notification upon request from staff, faculty, or a parent or guardian of an enrolled child. Additionally, the school, school district, or licensed child care provider must post the school and child care notification on its website or, if it does not have website, the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal parent or guardian of an enrolled child in writing at least annually. The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website. Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet. The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries. Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141868 Delaware - Signed AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING OF CHILDREN.

This Act does all of the following regarding suspected human trafficking of children: 1. Ensures the sharing of information between the Child Protection Accountability Commission (CPAC) and the Delaware Anti-Trafficking Action Council. 2. Expressly requires a multidisciplinary response to these cases, similar to child deaths and serious physical injury. 3. Even though human trafficking of children is child abuse, specifically delineates it throughout the child abuse multidisciplinary investigative response. 4. Codifies a review panel and oversight committee within CPAC for these cases, with the same authority, subpoena power, and immunities provided to the system that reviews child abuse deaths and near deaths. 5. Establishes that the Office of the Child Advocate will staff the review panel and oversight committee. This Act ensures that Delaware law is consistent with federal law requiring states to consider victims of human trafficking as victims of child abuse and neglect, and requiring the Department of Children, Youth and Their Families to investigate these cases. See the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et. seq.) and Justice for Victims of Trafficking Act (Pub. L. 114-22). Finally, this Act makes minor technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141976 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE SUICIDE PREVENTION COALITION.

This Act adds 2 members, appointed by the Governor, to the Delaware Suicide Prevention Coalition. The 2 new members shall be: 1 member who has experienced suicide ideation or survived a suicide attempt, and 1 member who has lost a loved one to suicide. This change is requested by the Coalition. ]]> Tue, 12 Aug 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141954 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON THE USE OF SECLUSION AND RESTRAINT.

This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools. While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can. This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected. The Department of Education shall include the mechanical restraint and seclusion data in its annual report. This Act adds a specific date by which the annual report is due. Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools. This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint. Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school. Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements. Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers. This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO. One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements. According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting. Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code. They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice. This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d). This Act takes effect on August 1, 2025.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141931 Delaware - Signed AN ACT TO AMEND TITLE 14 RELATING TO INTERSCHOLASTIC ATHLETICS.

This Act requires the Delaware Interscholastic Athletic Association to promulgate regulations requiring all coaches to have CPR, first aid, and automated external defibrillator (AED) training. It also requires schools with an athletic program or department to have an Emergency Action Plan for responding to a cardiac arrest event at an athletic event or practice. It requires that an AED be accessible in a clearly marked, unlocked location at any athletic event or venue. Finally, the regulations must require testing and maintenance of AEDs and notification to the Office of Emergency Medical Services regarding the AED acquisition and its location. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142112 Delaware - Signed AN ACT TO AMEND CHAPTER 2, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND DEADLY WEAPONS.

This Act removes prohibitions in Title 11 of the Delaware Code related to owning or possessing certain types of knives that may be opened by one hand. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular among outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware, and therefore subject otherwise law-abiding Delawareans engaged in law-abiding activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to lawfully use such tools, but would still subject them to prosecution for deadly weapons-related offenses where an individual uses such a knife in the course of an attack or assault aimed at causing death or serious injury. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142085 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act creates a background special license plate for the William Penn High School to support scholarships and community events sponsored by the high school. A background special license plate supports a cause and is available for purchase by the public at large, including members of the organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act requires a greater-than-majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths for the members elected to each house of the General Assembly when a new tax or license fee is imposed.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142097 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ENHANCED 911 EMERGENCY REPORTING SYSTEM SERVICE BOARD.

This Act provides that the Secretary of the Department of Safety and Homeland Security (“Secretary”), or the Secretary’s designee, is a member of the Enhanced 911 Emergency Reporting System Service Board (“Board”) by virtue of the Secretary’s position. This Act also makes the Secretary, or the Secretary’s designee, the Board Chair. The Secretary is currently, and historically, an appointed member of the Board and this Act would codify that practice. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142140 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

This Substitute to HB 91 differs from HB 91 in that it further expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility. The Department of Education shall reimburse a public school providing free breakfasts. The reimbursement must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program. This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives. This Act takes effect immediately and is to be implemented beginning July 1, 2026.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142154 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LEGISLATIVE COUNCIL.

This Act adds the existence of the Division of Legislative Services and the Office of the Controller General into Delaware Code. Chapter 11 of Title 29 details the creation of Legislative Council, as well as the authority of the Council to appoint a Director of the Division of Legislative Services (Director) and a Controller General. Chapter 11 further states that the Director shall organize and supervise the Division of Legislative Services and that the Controller General may be provided with additional employees to enable the Controller General to perform their duties. However, our Code does not create the Division of Legislative Services or the Office of the Controller General, which are the offices overseen by the Director and Controller General, respectively. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142254 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN.

This Act adopts a recommendation made by the Delaware Compensation Commission in its January 6, 2025, report. Specifically, this Act changes the minimum amount of pension payable to a member of the General Assembly elected after February 28, 2025, because the pension amount will no longer be calculated by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly. Instead, the pension payable to an elected official of the General Assembly elected on or after February 28, 2025, shall be computed under § 5527(a)(1) of Title 29. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142315 Delaware - Signed AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE FACILITIES.

This Act updates and modernizes the Delaware Self-Service Storage Facilities Act. The Act clarifies that self-storage rental agreements may be delivered and accepted electronically. The bill borrows language from the Delaware Residential Landlord Tenant Act regarding the legal effect of unsigned rental agreements. The bill addresses vehicle storage at a self-service storage facility and clarifies the disposition of property following the termination or nonrenewal of the rental agreement by either the occupant or owner. Finally, the Act updates the requirements to allow advertisements be placed on websites that regularly advertise property for auction or sale, making Delaware law consistent with most jurisdictions, including Maryland and the District of Columbia.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142307 Delaware - Signed AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DELAWARE MARIJUANA CONTROL ACT.

This bill makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under this chapter in order to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142299 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE CITY OF HARRINGTON RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act is a Substitute for and differs from Senate Bill No. 51 by removing the retroactive effective date. This Act amends the Charter of the City of Harrington to clarify the City’s taxing powers by adding a specific power for the City Council to impose and collect a lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State under Chapter 61 of Title 30, for the occupancy of any room in a hotel, motel, or tourist home, as defined under § 6101 of Title 30 of the Delaware Code, located within the boundaries of the City. 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 charter issued to a municipal corporation.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142327 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES’ PENSION PLAN.

This Act provides that, for purposes of Title 29 of the Delaware Code, Section 5527, related to the amount of monthly ordinary service or disability pension, a member of the General Assembly who is elected on Election Day in November and serves through the next Election Day in November will receive full-service credit for that term. Thus, the Act provides that a member of the House of Representatives who served five, two-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with ten years of service. Likewise, the Act provides that a member of the Senate who served five, four-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with twenty years of service.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142441 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.

This substitute to House Bill No. 139 grants the Insurance Coverage Office, which is tasked by statute with adjusting all claims and paying losses covered by the Fund, standing to participate in line of duty death claims. Like House Bill No. 139, this substitute also eliminates a requirement for the Insurance Commissioner to hold a hearing for every Line-of-Duty Death claim, and instead mandates they occur only if the claim is contested, and makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142447 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF ACCOUNTANCY.

This bill will be an updated version of the Uniform Accountancy Act. The bill removes reference to Substantial Equivalency and allows for an alternative pathway to licensure for Automatic Mobility and the ability to work across state lines. This bill makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142383 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC OFFICERS AND EMPLOYEES AND FINANCIAL DISCLOSURES.

Presently, Title 29 of the Delaware Code § 5813(c) requires public officers to file financial disclosure forms on March 15 of each year. However, in certain years, for example, 2025, the statute calls for financial disclosures to be filed over the weekend, because March 15, 2025 fell on a Saturday. On weekends, the assistance of the Public Integrity Commission may not be available. This Act changes the deadline for filing financial disclosures to “on or before the third Wednesday of March” which will be a weekday and a regular business day. This Act also clarifies the statute by expressly stating that the financial disclosures may be filed “on or before” the new deadline, in keeping with the current practice of the Public Integrity Commission.]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142589 Delaware - Signed AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This substitute for House Bill No. 128, like House Bill No. 128, does the following: This Act provides that the Paid Family and Medical Leave Insurance Program is the primary payor, and other paid leave benefits must be coordinated with this benefit according to the terms of the policy or procedure governing other benefits. This Act also allows disability insurance benefits to be offset by family and medical leave benefits paid to an employee pursuant to the terms of a disability insurance policy. This Act addresses private plans, and clarifies that an employer that meets its obligations under Chapter 37 of Title 19 through a private plan does not need to provide claim documentation to the Department except if there is an appeal, complaint, audit, or specific inquiry from the Department. Private plan employers with fewer than 25 employees that voluntarily elect to provide coverage under the Chapter that is otherwise exempted due to the size of their companies will be subject to all of the provisions of the Chapter. This Act establishes a Paid Leave Advisory Committee to review issues related to the implementation and administration of the Paid Family and Medical Leave Insurance Program and to review proposed statutory and regulatory amendments to the program. This substitute differs from House Bill No. 128 as follows: This substitute does not change the calculation of an application year or change the 24-month benefit period to a 12-month benefit period. This substitute adds provisions for child support garnishment of PFMLA benefits. This substitute prohibits the practice of requiring employees to use unused accrued paid time off before accessing PFMLA benefits. This substitute allows the Paid Leave Advisory Committee to begin meeting once the Delaware LaborFirst system is functional and the steering committee has been dissolved. This substitute specifies that family and medical leave benefits cannot be assigned and are exempt from the claims of creditors. This substitute sets forth procedures for executing upon judgments for amounts due under Chapter 37 of Title 19 or other titles subject to this chapter. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142522 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW CASTLE RELATING TO PROPERTY TAX RATES.

This Act amends the Charter of the City of New Castle by authorizing the City Council to levy taxes on real property at varying rates based upon property classification (e.g. residential, commercial, or industrial). H.S. 1 to H.B. 144 clarifies that any taxes on real property must be in “just portions” sufficient to cover the aggregate of the budget. ]]> Wed, 30 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142487 Delaware - Signed AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE MEDICAL DEBT PROTECTION ACT.

This Act is a substitute for Senate Bill No. 156. Like Senate Bill No. 156, this Substitute prohibits the reporting of medical debt to consumer reporting agencies and prohibits any medical debt from being included on a consumer report. Since 2023, at least 9 other states have passed laws that prohibit or restrict the reporting of medical debt on credit reports, including California, New Jersy, and Virginia. This Act differs from Senate Bill No. 156 in that it (1) adds language to the purpose section of the statute making it clear that the intent of the chapter is for medical debt not to be used in credit, employment, or housing decisions; (2) removes the proposed definition of medical debt information and instead adds a definition of medical debt; and (3) removes the proposed prohibition language on using a credit report containing medical debt information from being used when making decisions regarding someone’s credit, employment, or housing.]]> Tue, 29 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142511 Delaware - Signed AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

This Act provides a pathway for former defendants in eviction actions to have the eviction filings against them shielded from public view. Being the subject of an eviction filing can prevent an individual from securing housing for years after any judgment in the case has been satisfied. Even tenants who prevailed in eviction actions may be denied housing by landlords who turn away any applicant with a prior eviction filing, regardless of the outcome of the case. The well-known health, social, and economic consequences of eviction can thus linger for years after an eviction filing, and trap individuals – including many children and families – in a cycle of poverty and housing instability. The effects are particularly acute among already marginalized groups, such as Black and female renters. By shielding eviction records when an individual has met certain requirements, this Act will help break down barriers to stable housing and economic security. Under this Act, the Court must grant shielding upon a motion by the defendant if the Court finds any of the following to be true: 1. The judgment against the defendant was a judgment on the merits, a default judgment, or a stipulated judgment, 5 or more years have passed since the judgment was entered, the defendant has satisfied any monetary award included in the judgment, and the defendant has had no other similar judgments within 5 years of the defendant’s motion to shield. 2. The parties resolved the action through a stipulated agreement, and the defendant has complied with the terms of the stipulated agreement. 3. The plaintiff withdrew the complaint. 4. The Court dismissed the plaintiff’s complaint. 5. The final judgment was in favor of the defendant. 6. The plaintiff and the defendant have agreed to the shielding. 7. The shielding of the records is clearly in the interests of justice. The Court may not charge a filing fee for a motion to shield. Once the Court has granted the shielding, the Court has 45 days to effectuate it. An individual whose eviction record has been shielded can answer questions about prior evictions as if the shielded action was never filed. This Act is a second Substitute for Senate Bill No. 115. Like Senate Substitute No. 1 for Senate Bill No. 115, Senate Substitute No. 2 for Senate Bill No. 115 does the following: 1. Adds judgement by stipulation to the list of judgments for which shielding is available after 5 years if the defendant has satisfied any monetary award included in the judgment. 2. Creates exceptions that make the shielded records available to the Department of Justice and the defendant in the action. 3. Allows for records of shielded actions to be available to the public for purposes of preserving case law, provided that all identifying information is redacted or otherwise obscured. 4. Makes minor technical changes. The primary differences between Senate Substitute No. 1 for Senate Bill No. 115 and Senate Substitute No. 2 for Senate Bill No. 115 are as follows: 1. Senate Substitute No. 2 replaces the term “expungement” with the term “shielding” to better reflect how the Court will be handling records. 2. Senate Substitute No. 2 eliminates the provision in Senate Substitute No. 1 that would have allowed certain eviction records to be automatically shielded. 3. Senate Substitute No. 2 adds a requirement that a defendant seeking shielding under paragraph (a)(1) of § 5720 (lines 6 through 9) have no other similar judgments against them within 5 years of the motion to shield. Senate Substitute No 2. also adds language specifying that redacted records are being made available for purposes of preserving important case law, and that the Court is responsible only for databases and systems that it controls. ]]> Tue, 29 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142261 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO DELAWARE NATIONAL GUARD EDUCATION BENEFITS.

The Delaware National Guard provides financial assistance to eligible service members for certain postsecondary education tuition and fees. Under the current education benefits program, the Delaware National Guard reimburses service members for tuition and fees the service members have already paid. But young service members often cannot take advantage of this program because they cannot afford to pay upfront for tuition and fees. This also hurts Delaware National Guard recruiting efforts because potential service members may choose to join National Guard programs in other states that do not require service members to pay upfront for tuition and fees. Keeping the Delaware National Guard fully staffed is essential to responding to state emergencies. Lack of staff also leads the Department of Defense to shift positions from the Delaware National Guard to other states that can recruit at higher levels than Delaware. This results in reduced mission capability in Delaware and less federal funding coming to Delaware.  This Act amends the existing code relating to Delaware National Guard education benefits by switching from a system that reimburses service members to a system that pays certain tuition and fees, on behalf of a service member, directly to a Delaware postsecondary institution. This change allows more service members to use education benefits, which will improve Delaware National Guard recruiting and retention, and enhance the professional education qualifications of its members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and clarifies that the tuition assistance provided for Delaware private postsecondary institutions is based on the average tuition for state-supported postsecondary institutions. This Act is effective immediately and is implemented on July 1, 2026, to allow updates to rules, regulations, and forms for the Delaware National Guard tuition assistance program.]]> Wed, 23 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142629 Delaware - Signed DIRECTING THE ARTIFICIAL INTELLIGENCE COMMISSION TO WORK IN COLLABORATION WITH THE SECRETARY OF STATE TO CREATE A REGULATORY SANDBOX FRAMEWORK FOR THE TESTING OF INNOVATIVE AND NOVEL TECHNOLOGIES THAT UTILIZE AGENTIC ARTIFICIAL INTELLIGENCE.

This Joint Resolution directing the Artificial Intelligence Commission to work in collaboration with the Secretary of State to create a regulatory sandbox framework for the testing of innovative and novel technologies that utilize agentic artificial intelligence.]]> Wed, 23 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142125 Delaware - Signed AN ACT TO AMEND THE DELAWARE CODE RELATING TO PROHIBITED DISCRIMINATION ON THE BASIS OF MILITARY STATUS.

This Act is intended to supplement protections under federal law for members of the military, their families, and veterans by adding “military status” as a protected class for purposes of the State’s public accommodations, housing, insurance, education, and employment laws. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual. This House Substitute No. 1 adds language to clarify that distinctions or differential treatment based on military status that are allowed by State law or regulation, federal law or regulation, or government contract, are not unfair or discriminatory practices. It also updates existing statutory language that was changed by 84 Del. Laws c 429.]]> Wed, 23 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142135 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSING.

This Act exempts from state child care licensing requirements a military family child care provider that serves only children eligible for Department of Defense subsidized care that is either located on a military base or federal property, certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard, or both.]]> Wed, 23 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142199 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.

This Act is a substitute for Senate Bill No. 101. It makes no substantive changes to Senate Bill No. 101 other than substituting the synopsis language from the prior bill for the new synopsis, as follows: This Act resolves a conflict between the Uniform Controlled Substances Act which requires an in-person examination to prescribe controlled substances for treatment of Opioid Use Disorder (OUD) and Delaware's telehealth regulations, the Telehealth Access Act which does not require an in-person examination. This bill connects and clarifies the two regulations by modifying the "patient-practitioner relationship" definition in Chapter 47, Title 16, the Uniform Controlled Substances Act, to include a practitioner treating OUD via telemedicine with Schedule III through V medication. The guardrails included in this short addition include: limiting the medication to only Schedule III through V, which has been approved by the FDA for the treatment of OUD and citing to the thorough requirements for establishing a provider-patient relationship under Section 6003 of Title 24, the 2021 Telehealth Access Act, which addresses requirements such as standard of care, medical record keeping, consent, and medical board oversight.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142215 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PRESCRIPTION OPIOID FUNDS AND LITIGATION AUTHORITY.

Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently. As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142054 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM HEALTH-CARE DECISIONS ACT.

Section 2527 of Title 16, which will become effective on September 30, 2025, originates from Section 27 of the Uniform Law Commission’s Uniform Health-Care Decisions Act. The Uniform Law Commission found that the word “other” was added in error to the final Uniform Health-Care Decisions Act. This Act adopts this correction by deleting the word “other” from § 2527 of Title 16. This Act takes effect on September 30, 2025, to coincide with the effective date of § 2527 of Title 16.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142055 Delaware - Signed AN ACT TO AMEND TITLE 12, TITLE 16, TITLE 21, AND TITLE 31 OF THE DELAWARE CODE RELATING TO THIRD-PARTY DECISION MAKING.

This Act updates the terminology used to describe or citations used to reference those who make financial or health-care decisions on behalf of a principal or individual, including when that principal or individual lacks capacity. This Act takes effect on September 30, 2025, to coincide with when the Delaware Uniform Health-Care Decisions Act of 2023 (DUHCDA 2023) takes effect. Section 1 of this Act amends § 3982 of Title 12 by: (1) Removing the phrase “durable power of attorney for health-care decisions” and instead citing to the definition of “advance health-care directive” under DUHCDA 2023. A durable power of attorney for health-care decisions, or other similar variations on that phrase, are synonyms for a power of attorney for health care. A power of attorney for health care is included in the definition of advance health-care directive under DUHCDA 2023. For shorthand, elsewhere in this Synopsis this change will be referred to as “citing to the DUHCDA 2023 to remove synonyms.” (2) Changing "surrogate" to "default surrogate" to align with the new definitions of "surrogate" and "default surrogate" under DUHCDA 2023. For shorthand, elsewhere in this Synopsis this change will be referred to as “aligning the term ‘surrogate’ with the DUHCDA 2023”. (3) Added reference to an agent under a durable power of attorney to § 3983(4)a. since it is in § 3983(4)b. and those paragraphs should mirror each other, as paragraph (4)a. handles a situation when there is no decision maker willing or able to serve and paragraph (4)b. addresses a situation where a decision maker is determined unsuitable. Section 2 of this Act amends § 3983 of Title 12 by aligning the term ‘surrogate’ with the DUHCDA 2023. Section 3 of this Act amends § 1121 of Title 16 by: (1) Completing the list of internal citations. (2) Repealing § 1121(b)(40) because § 1122 defines the decision makers to whom third-party decision making passes when an individual lacks capacity to make decisions. Additionally, § 1121 is where resident rights are listed, not the rights of third parties. Section 4 of this Act revises § 1122 of Title 16 by: (1) Revising the description of legal standards for when decision making authority passes to a third party under the processes listed, including deleting that a standard is when a resident is "unable to communicate with others" and adding a reference to federal law since a representative payee under § 205(j) of the Social Security Act is included in the list. (2) Citing to the DUHCDA 2023 to remove synonyms. (3) Aligning the term ‘surrogate’ with the DUHCDA 2023. Section 5 of this Act amends § 1145 of Title 16 by: (1) Citing to the DUHCDA 2023 to remove synonyms. (2) Aligning the term ‘surrogate’ with the DUHCDA 2023. Section 6 of this Act amends § 2503A of Title 16 by: (1) Citing to the DUHCDA 2023 to remove synonyms. (2) Aligning the term ‘surrogate’ with the DUHCDA 2023. Section 7 of this Act amends § 5530 of Title 16 by: (1) Citing to the DUHCDA 2023 to remove synonyms. (2) Repealing subsection (e) because it refers to a list of individuals that was removed by SB 309 (GA 152) in favor of citing directly to DUHCDA 2023. Section 8 of this Act amends § 5531 of Title 16 by citing to the DUHCDA 2023 to remove synonyms. Section 9 of this Act amends § 2718 of Title 21 by: (1) Correcting the word “advanced” to “advance” in “advance care directive”. (2) Listing the advance planning documents referenced in the citation to § 9706(h) of Title 16. Section 9706(h) allows the promulgation of regulations related to EMS provider compliance with identified advance planning documents. It is not the section that establishes or defines the advance planning documents. Section 10 of this Act amends § 3912 of Title 31 by changing the term “power of attorney” to “agent” because an agent is the actor whereas the power of attorney is the document or grant of authority to act as agent. Section 11 of this Act is an effective date. This Act takes effect on September 30, 2025. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141884 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TELECOMMUNICATIONS SERVICE AND DEVICES FOR PERSONS WHO HAVE DEAFNESS, HEARING LOSS, OR SPEECH DISABILITIES.

This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141886 Delaware - Signed AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR REMOVAL OF EXCESS SKIN AND SUBCUTANEOUS TISSUE.

Excess skin and subcutaneous tissue can create a risk of rashes or infections, make walking and movement difficult, and make everyday chores difficult. An example of treatment that removes excess skin and subcutaneous tissue is a panniculectomy. A panniculectomy is an operative procedure that contours, or changes the shape and form, of the abdomen by removing significant excess skin and subcutaneous tissue. Removal of excess skin and subcutaneous tissue can improve a patient’s health and quality of life. This Act requires individual health insurance plans delivered under Chapter 33 of Title 18 and group and blanket health insurance plans delivered under Chapter 35 of Title 18 to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. This Act also requires the State employee health insurance plan and State Medicaid plans to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. Medically necessary means as defined in § 3371(8) for individual health insurance plans and as defined in § 3581(8) for group and blanket health insurance plans, State employee health insurance plans, and State Medicaid plans. This Act applies to all policies, contracts, or certicates issued, renewed, modified, alterered, amended, or resissued after December 31, 2026.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141756 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

This Act creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141727 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.

This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142528 Delaware - Signed ESTABLISHING THE DELAWARE JUVENILE JUSTICE EDUCATIONAL TRANSITIONS TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING RE-ENTRY INTO COMMUNITY-BASED SCHOOLS AFTER INCARCERATION.

This Senate Joint Resolution establishes the Juvenile Justice Educational Transitions Task Force to propose a plan to ensure more successful transitions of youth from Delaware’s secured post-adjudicatory residential placement back into middle school or high school, including consideration of a new educational facility specifically targeted at transition of those youth.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142590 Delaware - Signed AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act. Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented. As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden. This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter. As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142263 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.

This Act makes changes to Chapter 103 of Title 16, pertaining to the Delaware Health Information Network (“DHIN”). Section 1 makes a technical correction. Section 2 updates the composition of DHIN’s Board of Directors (“Board”) to reflect recent practice with respect to Governor-appointed boards. It removes the concept of positions held for certain groups or industries and replaces it with a general obligation to appoint members broadly representative of DHIN’s stakeholder groups and the general public, with an emphasis on individuals with particular expertise that will benefit DHIN and its public mission. It also reduces the size of the board from 19 to 13 members to align with the historical size of DHIN’s Board and to implement current best practices with respect to Board size, and specifies that a member’s term may end before 3 years if the member resigns or is removed. Sections 3 and 4 are cleanup provisions that remove references to the rules and regulations of the Health Care Commission that previously governed DHIN’s operations, but that have been replaced by DHIN’s own rules and regulations. Section 3 also updates the statute to reflect DHIN’s preferred nomenclature as it relates to data senders, data recipients, and other users of DHIN’s service. Section 3 does not change DHIN’s ability to charge fees for services. Section 5 removes a reference to the Delaware Center for Health Innovation, which is no longer operating, and replaces it with a reference to the State. Section 5 also defines “Triple Aim”. Section 6 removes a reference to Statement 6 of the Department of Justice and Federal Trade Commission Enforcement Policy as it relates to antitrust regulations on the exchange of price and cost information. Statement 6 was withdrawn by the Biden Administration in February 2023. The new language leaves open the possibility that additional guidance will be provided in the future and provides that any release of information will need to comply with the antitrust rules and regulations in effect at that time. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142322 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO VOLUNTARY ADMISSIONS.

This Act adds that the Director or Deputy Director of the Division of Family Services may have a designee consent to voluntary admission and sign for admission to a psychiatric hospital for youth in DFS custody. This reflects best practices and matches the current process for surgical consents for youth in DFS custody, and under DFS policy, a designee may only act as a designee to take such action with the direct approval of the Director or Deputy Director. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142489 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.

This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142450 Delaware - Signed DESIGNATING AUGUST 31, 2025, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE AND REQUIRING THE STATE FLAG TO BE FLOWN AT HALF-STAFF IN OBSERVANCE.

This Joint Resolution designates August 31, 2025, as "International Overdose Awareness Day" in the State of Delaware and requires that in observance, the State flag be flown at half-staff at State facilities. By recognizing International Overdose Awareness Day, this Joint Resolution affirms the importance of overdose awareness, remembers those who have died from overdose, and acknowledges the grief suffered from losing a loved one to overdose.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142446 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARE AND THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.

This Act updates a cross-reference to regulations under the Patient Protection and Affordable Care Act.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142384 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REVERSE AUCTIONS.

Under Chapter 69 of Title 29 of the Delaware Code, the Section of Government Support Services in the Office of Management and Budget ("Section") is responsible for effectuating the State’s procurement process. This Act is a Substitute for Senate Bill No. 134. Like Senate Bill No. 134, this Act seeks to modernize the definition of reverse auctions. This Act differs from Senate Bill No. 134 by providing that the Section is permitted to use reverse auctions only in the procurement of professional services for or related to pharmaceuticals or pharmacy benefits management services.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142370 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROVIDING INFORMATION ON TYPE 1 DIABETES.

This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each local education agency shall make the informational materials available to the parents or guardians of students enrolled in their schools.]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142421 Delaware - Signed AN ACT TO AMEND TITLES 10, 11, 18, 24, AND 29 OF THE DELAWARE CODE RELATING TO HEALTHCARE SERVICES.

The purpose of this Act is to protect medical providers in the State from out-of-state lawsuits and investigations that threaten the practice of medicine in the State. To that end this Act does the following: 1) Clarifies that physicians, physician assistants, and nurses that provide lawful healthcare services in the State do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. 2) In a civil action or proceeding, prohibits any healthcare provider from disclosing communications and records concerning healthcare services unless the patient authorizes such disclosure, with some exceptions. 3) Provides protections from civil and criminal actions that arise in another state that are based on the provision of health care services that are legal in Delaware. 4) Creates a cause of action for persons against whom a judgment was entered in another state based upon that person allegedly providing, receiving, or helping another person to provide healthcare services that are lawful in Delaware. (This does not apply to an action where no part of the acts that formed the basis for liability occurred in Delaware.) 5) Prohibits an insurer from taking an adverse action against a healthcare provider or organization for performing or providing healthcare services that are lawful in this State. 6) Prohibits any State or local agency, commission, board, or department from assisting a federal law-enforcement agency, another state’s law-enforcement agency, a private citizen, or a quasi-law-enforcement agency in relation to an investigation or inquiry concerning the lawfulness of healthcare services, if such services would be lawful as provided if they occurred entirely in the State. ]]> Mon, 21 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142422 Delaware - Signed DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE TO PARTICIPATE IN AN ANALYSIS OF THE POTENTIAL FOR ADOPTION OF GRID-ENHANCING TECHNOLOGIES, INCLUDING BENEFITS, COST BURDENS AND COST SHIFTING, FEASIBILITY AND BARRIERS TO ADOPTION UNDERTAKEN BY THE DNREC STATE ENERGY OFFICE AND THE DELAWARE SUSTAINABLE ENERGY UTILITY.

Grid-enhancing technologies (GETs) offer efficient tools to increase power grid capacity without the need for new transmission lines. Studies demonstrate that these innovations can double renewable energy integration, create hundreds of thousands of jobs, and significantly expand interzonal transmission capacity. By 2035, GETs and reconductoring could help the U.S. achieve 90% emissions-free electricity. This resolution directs the DNREC State Energy Office (DNREC SEO) and the Delaware Sustainable Energy Utility (DESEU) to conduct a comprehensive cost-benefit analysis of GETs across all electric utilities in Delaware. The study shall assess ratepayer costs, technical feasibility, and implementation plans. DNREC SEO and DESEU are tasked with collaborating with the electric utilities, the Department of Natural Resources and Environmental Control, the Division of the Public Advocate, and other interested stakeholders and must submit a detailed preliminary report of its findings to the Governor and all members of the General Assembly by December 31, 2025, and a final report by July 31, 2026.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142431 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET ENERGY METERING.

This Act strikes the provisions in § 1014 (d) and (e) of Title 26, which allow Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies not to reimburse, credit, or otherwise remunerate net energy metering customers for any Excess kWh Credits at the end of the annualized billing period. Under the current provisions of § 1014 (d) and (e) of Title 26, Excess kWh Credits revert to the commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies, which denies net metering customers the benefit of the Excess kWh Credits. This Act requires Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies to credit or carry over any Excess kWh Credits for net energy metering customers so that the customers receive the benefit of the Excess kWh Credits.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142404 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE MIGRATORY BIRD.

This Act designates the Red Knot as the State migratory bird.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142436 Delaware - Signed AN ACT TO AMEND TITLES 3, 7, AND 16 OF THE DELAWARE CODE RELATING TO THE ENVIRONMENT.

This Act seeks to update the fine structure for major commercial polluters. In addition, this Act increases the amount of penalty funds directed to communities near facilities with violations. In summary, this Act imposes higher fines for violations of the following chapters: Chapter 22 of Title 3, relating to nutrient management programs; Chapter 60 of Title 7, relating to environmental control; Chapter 62 of Title 7, relating to oil pollution liability; Chapter 63 of Title 7, relating to hazardous waste management; Chapter 71 of Title 7, relating to noise control and abatement; Chapter 79 of Title 7, relating to chronic violator status; Chapter 91 of Title 7, relating to the Hazardous Substances Cleanup Act; and Chapter 13 of Title 16, relating to stream pollution. In addition, 40 percent, rather than 25 percent, of the civil and administrative funds collected under various environmental regulatory chapters will be appropriated to the Community Environmental Project Fund under § 6042 of Title 7. The Fund will give priority to community environmental projects located within a 2-mile radius of the violation or infraction. This Act adds to the fund 40% of the fines collected for oil pollution and noise control and abatement violations, under Chapter 62 and Chapter 71 of Title 7. This Act further allows DNREC to appeal a decision by the Environmental Appeals Board relating to chronic violator status. ]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142439 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES.

This Act provides the Public Service Commission with the flexibility to consider and approve a discounted gas or electric residential utility rate for qualified low-income customers, provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility in cooperation with the Department of Health and Social Services. The Public Service Commission must review any discount rate approved under this Act every five years to determine if the discount rate should be re-authorized.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142314 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE DRAGONFLY.

This Act designates the Blue Dasher as the official dragonfly for the State of Delaware.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141865 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND VOTING BY MEMBERS OF THE PJM INTERCONNECTION REGIONAL TRANSMISSION ORGANIZATION.

This bill requires disclosure of votes cast at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141866 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.

Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorized the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141867 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.

This Act requires the Delaware Public Service Commission to ensure that all regulated utilities do not use customer funds to subsidize unregulated activities for example, lobbying activities, political contributions, charitable contributions, and certain advertising and public relations activities. This Act places a cap on annual capital expenses in the amount of $125 million for electric distribution companies. This Act also contains a severability clause.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142102 Delaware - Signed AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE.

This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application. The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program. The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program. The Act sunsets 3 years after its enactment. ]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141981 Delaware - Signed DIRECTING ALL ELECTRIC PUBLIC UTILITIES IN DELAWARE TO PARTICIPATE IN A STUDY TO BE UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY TO ASSESS AND ANALYZE THE COSTS AND BENEFITS OF THE ADOPTION OF ENERGY STORAGE SYSTEMS IN DELAWARE, AND DIRECTING THE DELAWARE SUSTAINABLE ENERGY UTILITY TO CONDUCT A PILOT PROGRAM WITH THE PARTICIPATION AND COOPERATION OF CERTAIN ELECTRIC UTILITIES TO DEVELOP AND DEPLOY PILOT PROJECTS INVOLVING BATTERY STORAGE SYSTEMS IN DELAWARE.

Energy Storage Systems provide benefits to the electric grid, including grid stabilization, managing peak energy demand, and providing backup power during outages. Energy Storage Systems can provide substantial cost savings to residential, commercial, and industrial electricity customers. The construction of Energy Storage Systems will promote economic growth and job creation in Delaware. This resolution directs the Delaware Sustainable Energy Utility (DESEU) to initiate and undertake a study to assess and analyze the costs and benefits of the adoption of Energy Storage Systems, both in front of and behind the meter, by all electric public utilities in Delaware. The resolution also directs the DESEU to conduct a pilot program and provide guidance and a level of funding, to be determined by the DESEU, to support Delmarva Power & Light Company, the Delaware Municipal Electric Corporation, the Delaware Electric Cooperative, and one independent power producer to deploy at least one battery storage pilot project in Delaware to serve their Delaware service territory. The DESEU is to submit a comprehensive report detailing the findings from the battery storage pilot program and the cost-benefit study and analysis of Energy Storage Systems in Delaware on or before June 1, 2026.]]> Wed, 16 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142226 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.

This Act eliminates authorization for a warrantless arrest by a private person in the case of an individual accused in the courts of another state of a felony. It also strikes a provision relating to the authority of an officer to command assistance in making arrests based on charges in another state. This bill is a successor to House Bill No. 76. ]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142166 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11. This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware.]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142344 Delaware - Signed AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification. This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court. Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances: (1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity. (2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation. (3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation. Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification. Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard. This Act differs from Senate Bill No. 10 as follows: (1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence. (2) Making clear that the person’s attorney may file the sentence modification for the person. (3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause. (4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel. (5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules. (6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually. (7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification. (8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification. (9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity. (10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted. (11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years. (12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142367 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT AGENCY AGREEMENTS.

This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142297 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL IMPERSONATION.

This Act expands the criminal offense of impersonating a police officer, firefighter, emergency medical technician, paramedic, or fire officer to also prohibit impersonation of a federal officer. This Act also makes technical corrections to conform to the Legislative Drafting Manual and creates a definition of “law-enforcement official,” which includes all of the state officers already explicitly referenced in the statute, as well as federal officers. ]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142444 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAYMENTS TO GOVERNMENT VENDORS.

This Act amends Title 29 of the Delaware Code to eliminate the use of checks for vendor payments for goods or services provided to state departments, commissions, or boards. It mandates payments be made exclusively via ACH Payment, SUA Payment, or PCARD Payment. Exceptions to this requirement can only be approved by the Office of the State Treasurer and the Division of Accounting. Certain types of payments, such as single payment vouchers, one-time supplier payments, forced year-end payouts, and legal settlements, are excluded from this mandate. This Act aims to enhance payment efficiency and security while streamlining state financial operations.]]> Mon, 14 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142565 Delaware - Signed AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2026; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2026 Appropriations Act.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142566 Delaware - Signed AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2026, TO THE OFFICE OF MANAGEMENT AND BUDGET.

This Act appropriates $37,632,955 to provide one-time funded items through the Office of Management and Budget.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142563 Delaware - Signed THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2025.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2025.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142567 Delaware - Signed THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2026.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2026.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142633 Delaware - Signed A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2026; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2026 Bond and Capital Improvements Act.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142646 Delaware - Signed AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2026; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2026 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2026 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2026. Section 1 – Government Units and Senior Centers $ 37,093,119 Section 2 – One-Times and Community Agencies $ 47,093,493 Section 3 – Fire Companies and Public Service Ambulance Companies $ 13,258,013 Section 4 – Veterans Organizations $ 839,000 GRAND TOTAL $ 98,283,625]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142326 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY RESOURCE MANAGEMENT COMMITTEE.

This Act updates the membership and functions of the Interagency Resource Management Committee by adding the Lieutenant Governor as Chairperson, the Chair of the Early Childhood Council (ECC) as a voting member, and members of the General Assembly as nonvoting members. Additionally, this Act clarifies staffing of the IRMC through the Early Childhood Support team in the Department of Education and the Office of the Lieutenant Governor.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142320 Delaware - Signed AN ACT TO AMEND TITLE 11 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION.

This Act is based on Senate Substitute No. 3 for Senate Bill No. 4 of the 152nd General Assembly, which modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142442 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.

This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging. Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging. This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates. ]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142406 Delaware - Signed AN ACT TO AMEND TITLE 3, TITLE 6, TITLE 9, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 19, TITLE 21, TITLE 24, TITLE 26, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE, AND THE CHARTER OF THE TOWN OF NEWPORT, RELATING TO TECHNICAL CORRECTIONS.

In December 2024, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2024 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects errors in § 1202 of Title 3 from Senate Bill No. 191 from the 135th General Assembly by renumbering the defined terms to appear in correct alphabetical order and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Sections 2 through 12. These sections correct errors throughout Chapter 13 of Title 3 as enacted in Senate Bill No. 307 from the 138th General Assembly, and later amended, by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Section 13. This section corrects grouping and phrasing errors in § 2103(b) of Title 6 from Senate Bill No. 296 of the 152nd General Assembly. Section 14. This section inserts use of the Oxford comma and the word “or” in § 4504(b)(1) of Title 6 as both had been missing in Senate Bill No. 315 of the 138th General Assembly and in order to adhere to Delaware Legislative Drafting Manual style. Section 15. This section inserts use of the Oxford comma in § 1405(b) of Title 9 to correct errors in House Bill No. 55 from the 143rd General Assembly in order to adhere to Delaware Legislative Drafting Manual style. Section 16. This section removes a reference to medical malpractice review panels in § 566(b) of Title 10, as those panels were discontinued by Senate Bill No. 208 of the 152nd General Assembly. Sections 17 and 18. These sections correct errors by removing the stray phrase “or projectile weapon” in the future contingent versions of §§ 2105(b)(3) and 2107(c) of Title 11. These errors were created when House Bill No. 357 of the 152nd General Assembly did not take into account changes contained in Senate Bill No. 12 of the 152nd General Assembly. Section 19. This section corrects an error in § 1716E(h) of Title 14, from House Bill No. 100 of the 151st General Assembly, by inserting utilization of the Oxford comma. Section 20. This section substitutes “subsection” for and erroneous reference to “paragraph” in § 3001(e)(4) of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly. Section 21. This section removes an unnecessary “et seq.” following a finite reference to “the federal Improving Head Start for School Readiness Act of 2007 (P.L. 110-134)” in § 3004 of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly. Sections 22 through 24. These sections complete the substitution of “perinatal” for “maternal” throughout Chapter 8D of Title 16, begun in Senate Substitute No. 1 of Senate Bill No. 106 of the 152nd General Assembly, in order to remove gender-specific language as directed by § 211(c)(1) of Title 1 and the Delaware Legislative Drafting Manual style. Sections 25 and 26. These sections substitute the indefinite “et seq.” for “through 1396w-7” in § 1304(b) and (c)(1) and § 1045(d)(2)f. and (e)(1) of Title 16 in order to acknowledge the need to comply with all of Title XIX of the federal Social Security Act which has grown since enactment of Senate Substitute No. 1 for Senate Bill No. 13 of the 152nd General Assembly which had created the more finite reference to what was then the final section of the title. Section 27. This section properly substitutes penalty amounts in § 1109(e) of Title 16 which had been improperly substituted by Senate Bill No. 216 of the 152nd General Assembly without appropriate striking of present language and underlining of new insertions. Section 28. This section corrects an error in § 2503B(c) of Title 16, from Senate Bill No. 309 from the 152nd General Assembly, by substituting “or” for “and” to make it clear that any of among a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive. Section 29. This section corrects an error in § 2704 of Title 16 created by House Bill No. 134 of the 152nd General Assembly having previously changed language included in House Substitute No. 1 for House Bill 162 of the 152nd General Assembly by enacting the intent of the latter bill, giving county medical examiner offices authority previously given to the Division of Forensic Science. Section 30 through 34. These sections correct stylistic errors in Chapter 102 of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming all “2-1-1 Helpline” references to accepted style without hyphenation as approved by the Federal Communications Commission and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 35. This section corrects an error in § 2379(g) of Title 19 by properly striking “an” which was removed without appropriate striking in Senate Bill No. 306 of the 152nd General Assembly. Section 36. This section properly enacts the specific intent of Senate Bill No. 206 of the 152nd General Assembly by substituting “cold weather operations” for “winter weather operations” in § 4356A(b)(3) of Title 21. Section 37. This section corrects an error in § 4402(d) of Title 21, created by House Bill No. 352 of the 152nd General Assembly, by properly inserting “county code enforcement or municipal police” using appropriate underlining of the new insertion. Section 38. This section corrects an error in the introductory paragraph of § 5302 of Title 24, from House Bill No. 386 of the 152nd General Assembly, by making clear that the defined terms in the section apply to all of Chapter 53 of Title 24 and not just to § 5302 of that title. Section 39. This section corrects errors in § 363(b) of Title 26 by deleting words which were removed by Senate Bill No. 265 of the 152nd General without appropriate striking of the present language. Section 40. This section corrects errors in § 108(b)(2) of Title 29, created by House Substitute No. 1 of House Bill No. 356 of the 152nd General Assembly, by adjusting paragraph designations and an internal reference as directed by the Delaware Legislative Drafting Manual. Section 41. This section corrects an error in § 1132 of Title 29, first appearing in House Bill No. 209 of the 137th General Assembly, by inserting an introductory paragraph to this defined terms statute as directed by the Delaware Legislative Drafting Manual. Section 42. This section corrects an error in § 2909(b)(3) of Title 29, from Senate Bill No. 287 of the 152nd General Assembly, by substituting “or” for “and” with regard to documentation of illegal or unbusinesslike practices included in State Auditor reports. Section 43. This section corrects errors in § 6981(l) of Title 29, from House Bill No. 428 of the 152nd General Assembly, by adjusting language of list inclusion as directed by the Delaware Legislative Drafting Manual. Section 44. This section makes grammar and capitalization corrections throughout § 8011 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual. Section 45. This section corrects an error in § 8723(g) of Title 29, from House Bill No. 437 of the 152nd General Assembly, by making clear that the Delaware Commission of Veterans’ Affairs Executive Director’s designee may act in the Executive Director’s stead in performance of certain duties. Sections 46 and 47. These sections make grammar and capitalization corrections throughout the present and future versions of § 8905 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual. Sections 48 and 49. These sections correct errors in §§ 573(d) and 574(b) of Title 30, from House Bill No. 324 of the 152nd General Assembly, by making clear that the statutes do not apply if a person is required to pay a tax under any of § 3002 of Title 30 or Chapter 51 or 52 of Title 30, rather than under all of those provisions. Section 50. This section corrects errors in § 4071 of Title 31, from Senate Substitute No. 1 for Senate Bill 22 of the 152nd General Assembly, by inserting an introductory paragraph to this defined terms statute and redesignating the terms as directed by the Delaware Legislative Drafting Manual. Sections 51 through 56. These sections correct errors in the Charter of the Town of Newport from Senate Bill No. 298 of the 152nd General Assembly by implementing changes which had been included without proper underlining of insertions and striking of deletions and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style. ]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142409 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.

This Act is being proposed in hopes of allowing for additional disbursements from a special fund created by the General Assembly to ensure adequate pensions for affected police officers and firefighters, and their surviving spouses. This raises the pension level an individual is permitted to receive and still be eligible for a distribution from the special fund from $35,000 or less to $55,000 or less. It also ensures that those eligible to receive a distribution from the special fund will be able to do so upon enactment, and not have to wait until the current date permitted under the Code.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142235 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE CITY OF MILFORD RELATING TO ENUMERATED POWERS AND CITY COUNCIL GOVERNMENT.

This Act to Amend the Charter grants the City Council the power to exercise eminent domain for the purpose of property acquisition, with the exception of land to be used solely for recreational purposes. It also grants the City Council the power to make proclamations to recognize achievements, historical events, special days or months for civic and social purposes, and other similar matters. This Act also clarifies that the Mayor may establish committees as they deem necessary with the consent of the City Council. Duration of elected officials’ terms, previously 2 years, shall be increased to a term of 3 years, beginning with the 2026 election for the Mayor, and beginning in 2027 for incoming Councilmembers. This Act prohibits any person in arrears and owing the City funds for taxes and other applicable fees, shall be ineligible to serve as Mayor or Councilperson. If a sitting Mayor or Councilperson becomes more than two months in arrears to the City, they shall be disqualified from their position and the seat shall be declared vacant.]]> Tue, 01 Jul 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142168 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF DEWEY BEACH.

This Act makes amendments to the Charter of the Town of Dewey Beach. Section 1 strikes language regarding budget requirements and process in Section 8(c) of the charter in favor of language that is currently included in Section 22 of the charter, concerning the Town Budget. Section 2 of the Act provides that the Town Manager is responsible for parking administration, in addition to the other enumerated responsibilities of the Town Manager under the current charter. Section 3 of the Act provides that the Town Manager, with the concurrence of the Audit Committee, may terminate the contract of an independent audit firm's contract to perform audit services for the Town. Section 4 of the Act provides that any candidate for Chief of Police who is not certified by the Delaware Council on Police Training must complete the necessary training for certification within 1 year of the date of employment, as a condition of employment. Section 5 of the Act provides that the Beach Patrol Captain is required to serve under a contract of no more than 3 years. Section 6 of the Act strikes redundant language regarding the town's power to borrow money, in favor of language currently included in Section 26 of the charter, concerning Borrowing Money and Issuing Bonds. Section 7 of the Act amends Section 26 of the charter to provide that bonds or other forms of certificates of indebtedness issued by the Town are exempt from all state, county, or municipal taxes and that the Town's indebtedness, in the aggregate, may not exceed $3 million at any one time. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142079 Delaware - Signed AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM PARTNERSHIP ACT.

This Act continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (“GP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the GP Act. Section 1 amends § 15-111(e) of the GP Act, which addresses certain duties of a registered agent of a partnership. Amended § 15-111(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 15-111(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 15-118(a) of the GP Act, which provides for the correction of statements and certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed statement or certificate, a statement or certificate of correction may nullify a previously filed statement or certificate by specifying the inaccuracy or defect with respect to such previously filed statement or certificate and providing that the previously filed statement or certificate is nullified. Such a provision is sufficient if it states that the previously filed statement or certificate is nullified or void or uses words of similar meaning. Section 3 amends § 15-202(g) of the GP Act to provide that § 15-202(g) applies to ratification or waiver of a void or voidable act or transaction by any partner or other person in respect of a partnership, in addition to acts or transactions by a partnership. This Section also amends § 15-202(g) to provide that ratification or waiver pursuant to § 15-202(g) may be express or implied, including by the statements, action, inaction, or acquiescence of or by partners or other persons. Further, this Section amends § 15-202(g) to clarify that in a circumstance in which § 15-202(g) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 15-202(g) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 15-202(g), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 4 amends § 15-902(c) of the GP Act to provide that a statement of partnership existence must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic partnership. Section 5 amends § 15-1102(a) of the GP Act to require that a statement of foreign qualification of a foreign limited liability partnership include the state, territory, possession or other jurisdiction or country where the foreign limited liability partnership was formed, the date of its formation and a statement from a partner that, as of the date of filing, the foreign limited liability partnership validly exists as a limited liability partnership under the laws of the jurisdiction of its formation. This Section also amends § 15-1102(a) to clarify that the number of partners required to be stated in a statement of foreign qualification is the number of partners of the foreign limited liability partnership at the time of the effectiveness of the statement of foreign qualification. Section 6 amends § 15-1208(b) of the GP Act to confirm that if a statement of partnership existence will be cancelled pursuant to the filing of a statement or certificate under the GP Act, the full amount of the annual tax for the calendar year in which the statement or certificate becomes effective is due and payable before the filing of such statement or certificate. Section 7 provides that the amendments to the GP Act take effect on August 1, 2025.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142080 Delaware - Signed AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM LIMITED PARTNERSHIP ACT.

This Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (“LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LP Act. Section 1 amends § 17-104(e) of the LP Act, which addresses certain duties of a registered agent of a limited partnership. Amended § 17-104(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 17-104(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 17-106(e) of the LP Act to provide that § 17-106(e) applies to ratification or waiver of a void or voidable act or transaction by any partner or other person in respect of a limited partnership, in addition to acts or transactions by a limited partnership. This Section also amends § 17-106(e) to provide that ratification or waiver pursuant to § 17-106(e) may be express or implied, including by the statements, action, inaction, or acquiescence of or by partners or other persons. Further, this Section amends § 17-106(e) to clarify that in a circumstance in which § 17-106(e) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 17-106(e) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 17-106(e), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 3 amends § 17-109(a) of the LP Act to provide that serving as a general partner of a limited partnership or as a liquidating trustee of a dissolved limited partnership is sufficient (without any requirement for execution by such person of the certificate of limited partnership) to (i) constitute such person’s consent to the appointment of the registered agent of the limited partnership (or, if there is none, the Secretary of State) as such person’s agent upon whom service of process may be made, and (ii) signify the consent of such general partner or liquidating trustee that any process when so served shall be of the same legal force and validity as if served upon such general partner or liquidating trustee within the State of Delaware. Section 4 amends § 17-202(f) of the LP Act to provide that at any time a person who is not shown as a general partner on the certificate of limited partnership of a dissolved limited partnership is winding up the limited partnership’s affairs, the certificate of limited partnership shall be amended to add the name and business, residence or mailing address of each liquidating trustee unless the limited partners are the liquidating trustees, in which case the certificate of limited partnership shall be amended to state that the limited partners are winding up the limited partnership’s affairs. This Section also amends § 17-202 of the LP Act to add a new § 17-202(g) to provide that at any time a person who is not shown as a general partner associated with a registered series on the certificate of registered series of a dissolved registered series is winding up the registered series’ affairs, the certificate of registered series shall be amended to add the name and business, residence or mailing address of each liquidating trustee of the registered series unless the limited partners associated with the registered series are the liquidating trustees, in which case the certificate of registered series shall be amended to state that the limited partners associated with the registered series are winding up the registered series’ affairs. Section 5 amends § 17-203(b) of the LP Act to confirm that, in addition to correcting a certificate of cancellation, a certificate of correction may nullify a certificate of cancellation. Section 6 amends § 17-204(a)(3) of the LP Act to delete language addressing who signs a certificate of cancellation when the general partners are not winding up a dissolved limited partnership’s affairs because that is now addressed in the new § 17-204(e) of the LP Act. This Section also amends § 17-204(a)(12) of the LP Act to delete language addressing who signs a certificate of cancellation of certificate of registered series when the general partners associated with such series are not winding up the dissolved registered series’ affairs because that is now addressed at new § 17-204(e) of the LP Act. This Section further amends § 17-204 of the LP Act to add a new §17-204(e). New § 17-204(e) provides who signs certificates required by the LP Act to be signed by one or more general partners of a dissolved limited partnership when a person not shown on the certificate of limited partnership as a general partner of the limited partnership is winding up the affairs of the limited partnership. New § 17-204(e) also provides who signs certificates required by the LP Act to be signed by one or more general partners associated with a dissolved registered series when a person not shown on the certificate of registered series as a general partner associated with the registered series is winding up the affairs of the registered series. Section 7 amends § 17-211(c) of the LP Act to provide that a certificate of limited partnership must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic limited partnership. Section 8 amends § 17-213(a) of the LP Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 9 amends § 17-302(f) of the LP Act to confirm that a partnership agreement may be amended in connection with a division of a limited partnership and a merger of registered series of a limited partnership, as is specifically contemplated by §§ 17-220(f) and 17-224(e) of the LP Act, respectively. Section 10 amends § 17-902(1) of the LP Act to provide that an application for registration as a foreign limited partnership shall be executed by any person authorized to execute the application on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 11 amends § 17-905 of the LP Act to provide that a certificate correcting an inaccurate application for registration as a foreign limited partnership shall be executed by any person authorized to execute the certificate on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 12 amends § 17-906 of the LP Act to provide that a certificate of cancellation of registration as a foreign limited partnership shall be executed by any person authorized to execute the certificate on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 13 amends § 17-1109(b) of the LP Act to confirm that when the existence of a domestic limited partnership or registered series, or the registration of a foreign limited partnership, will cease by the filing of a certificate under the LP Act, the full amount of the annual tax for the calendar year in which such certificate becomes effective is due and payable prior to the filing of such certificate. Section 14 provides that the amendments to the LP Act take effect on August 1, 2025.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142069 Delaware - Signed AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIMITED LIABILITY COMPANY ACT.

This Act continues the practice of amending periodically the Delaware Limited Liability Company Act (“LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LLC Act. Section 1 amends § 18-104(e) of the LLC Act, which addresses certain duties of a registered agent of a limited liability company. Amended § 18-104(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 18-104(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 18-106(e) of the LLC Act to provide that § 18-106(e) applies to ratification or waiver of a void or voidable act or transaction by any member, manager, or other person in respect of a limited liability company, in addition to acts or transactions by a limited liability company. This Section also amends § 18-106(e) to provide that ratification or waiver pursuant to § 18-106(e) may be express or implied, including by the statements, action, inaction, or acquiescence of or by the members, managers, or other persons. Further, this Section amends § 18-106(e) to clarify that in a circumstance in which § 18-106(e) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 18-106(e) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) does not apply to ratification or waiver by conduct. Section 3 amends § 18-203(b) of the LLC Act to confirm that, in addition to correcting a certificate of cancellation, a certificate of correction may nullify a certificate of cancellation. Section 4 amends § 18-209(c) of the LLC Act to provide that a certificate of formation must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic limited liability company. Section 5 amends § 18-211(a) of the LLC Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 6 amends § 18-302 of the LLC Act to confirm that a limited liability company agreement may be amended in connection with a division of a limited liability company and a merger of registered series of a limited liability company, as is specifically contemplated by §§ 18-217(f) and 18-221(e) of the LLC Act, respectively. Section 7 amends § 18-1107(c) of the LLC Act to confirm that when the existence of a domestic limited liability company or registered series, or the registration of a foreign limited liability company, will cease by the filing of a certificate under the LLC Act, the full amount of the annual tax for the calendar year in which such certificate becomes effective is due and payable before the filing of such certificate. Section 8 provides that the amendments to the LLC Act take effect on August 1, 2025. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142081 Delaware - Signed AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.

This Act continues the practice of amending periodically the Delaware General Corporation Law (“DGCL”) to keep it current and maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the DGCL. Sections 1, 3 and 4 of this Act amend §§ 102(f), 109(b) and 115 of Title 8, respectively. Since 2015, the provisions of §§ 102(f), 109(b) and 115 have included provisions for the regulation of “internal corporate claims” as defined in § 115. In addition to permitting forum selection provisions that require internal corporate claims to be adjudicated in a court in this State, these sections prohibit certificate of incorporation and bylaw provisions that purport to: a. impose “fee-shifting” against stockholders with respect to internal corporate claims; or b. preclude a stockholder from asserting an internal corporate claim in a court in this State. A certificate of incorporation may address and regulate not only internal corporate claims but additional claims that relate to a corporation’s “intra-corporate affairs” if the certificate provision at issue is consistent with public policy. Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020). Sections 1, 3 and 4 of this Act amend §§ 102(f), 109(b) and 115 so that the same statutory safeguards that apply to certificate and bylaw provisions regulating internal corporate claims will also apply to certificate and bylaw provisions addressing the intra-corporate affairs claims permitted under the reasoning of the Salzberg decision. With respect to these claims: a. Amended §§ 102(f) and 109(b) prohibit fee-shifting provisions: that is, certificate of incorporation and bylaw provisions that purport to impose liability on a stockholder for the attorneys’ fees or expenses of the corporation or any other party with respect to any claim that a stockholder has brought, in its capacity as a stockholder or in the right of the corporation, in an action, suit, or proceeding. b. Amended § 115 specifies that a certificate of incorporation or bylaw provision addressing intra-corporate affairs claims must be consistent with applicable jurisdictional requirements and must allow stockholders to bring the claims in at least 1 court in this State that has jurisdiction over such claims. Amended § 115 permits the designation of any judicial or arbitral forum so long as the designation does not prevent a stockholder from bringing claims in a court with jurisdiction in this State. The United States District Court for the District of Delaware is a court “in” this State for purposes of amended § 115. Rather than specifically defining the types of non-internal claims that constitute intra-corporate affairs claims, amended § 115 authorizes forum selection provisions that relate to “the business of the corporation, the conduct of its affairs, or the rights or powers of the corporation or its stockholders, directors or officers.” This language is taken from §§ 102(b)(1) and 109(b). The Salzberg decision relied on similar language from § 102(b)(1) to uphold the validity of forum selection provisions related to certain intra-corporate affairs claims. It is anticipated that the courts will interpret and apply amended § 115 in the same manner that the Delaware Supreme Court interpreted and applied the language of § 102(b)(1) in the Salzberg decision. Amended § 115 is not intended to promote the development of new forum selection provisions beyond what is permitted under the reasoning of the Salzberg decision. Under amended § 115, a forum selection provision addressing non-internal corporate claims cannot prohibit claims from being brought in a court in this State “that has jurisdiction over such claims.” Amended § 115 therefore reaches a result different from the United States Court of Appeals for the Ninth Circuit in Lee v. Fisher, 70 F.4th 1129 (9th Cir. 2023), and the United States District Court for the Western District of Texas in Sobel v. Thompson, 2023 WL 4356066 (W.D. Tex. July 5, 2023). In these decisions, the courts upheld the application of a forum selection bylaw that required all derivative claims to be asserted exclusively in the Court of Chancery, including derivative claims under the Securities Exchange Act of 1934. However, the Court of Chancery does not have jurisdiction over Securities Exchange Act claims. Under amended § 115, a forum selection provision that purports to address derivative claims under federal law must be permissible under § 115, consistent with the reasoning in the Salzberg decision, and must also permit the claim to be brought in the United States District Court for the District of Delaware. Consistent with the provisions pre-dating these amendments: a. Amended §§ 102(f), 109(b) and 115 are not intended to prevent the application of a provision on fee-shifting, or the selection of a forum other than a court in this State, if the provision is included in a stockholder agreement or other writing signed by the stockholder against whom the provision is to be enforced; b. Amended § 115 is not intended to foreclose evaluation of whether the specific terms and manner of adoption of a particular provision authorized by amended § 115 comport with any relevant fiduciary obligation or operate reasonably in the circumstances; and c. Amended § 115 is not intended to limit or expand the jurisdiction of the Court of Chancery or the Superior Court. Section 2 of this Act amends § 103(f), which provides for the correction of instruments filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed instrument, a certificate of correction may nullify a previously filed instrument by specifying the inaccuracy or defect with respect to such previously filed instrument and providing that the previously filed instrument is nullified. A statement that the previously filed instrument is nullified or void, or a statement with words of similar meaning, will constitute sufficient provision for the nullification. Section 5 of this Act amends § 131, which requires a corporation to have a registered office in this State. In addition to enacting wording changes to § 131(a), the amendments to § 131(b) provide that all references in Title 8 to a corporation’s “registered office” in this State shall be deemed to mean and refer to the address of the registered agent located in this State that has been appointed to accept service of process and otherwise perform the duties of a registered agent. The amendments also delete the provisions in § 131(b) that, in certain instances, deemed a corporation’s registered office to be the corporation’s principal office or principal place of business in this State for purposes of Title 8 and the certificate of incorporation. As amended, Title 8 does not include provisions that automatically treat a corporation’s registered office as a principal office or principal place of business of the corporation. Section 6 of this Act amends § 132(b), which addresses certain duties of a registered agent of a corporation. Amended § 132(b) specifies that a registered agent may not perform its duties or functions solely through the use of either or both of a virtual office or the retention by the agent of a mail forwarding service. Amended § 132(b) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 of this Act amends § 155 to eliminate the ability of a corporation to issue scrip or warrants in bearer form in lieu of issuing fractional shares of stock. Amended § 155 continues to permit corporations to issue scrip or warrants in registered form. The amendment is intended to bring § 155 in line with the Corporate Transparency Act, 31 U.S.C. § 5336(f), which prohibits corporations from issuing certificates in bearer form for either a whole or fractional interest in an entity. Section 8 of this Act amends § 252(c), which lists the information that a corporation must include in a certificate filed with the Secretary of State to merge or consolidate domestic corporations with foreign corporations. The amendments delete from § 252(c) a requirement that a certificate of merger or consolidation list the authorized capital stock of each foreign corporation that has ceased to exist as a result of the merger or consolidation. Section 9 of this Act amends § 311, which addresses the procedures for revoking the dissolution of a corporation and restoring an expired corporation. Amended § 311(a)(4) requires that a certificate of revocation of dissolution or certificate of restoration state the date of filing of the corporation’s original certificate of incorporation with the Secretary of State and state the date of filing of the corporation’s certificate of dissolution with the Secretary of State. Section 10 of this Act amends § 312, which enables a corporation to revive its certificate of incorporation after the certificate has become forfeited or void. Amended § 312(g) addresses circumstances where a corporation has been revived under § 312 and later files a certificate of validation under § 204 to ratify one or more defective corporate acts. If the certificate of validation relates to a time during which the corporation was forfeited or void, amended § 312(g) requires the corporation to file the annual franchise tax reports, and pay the annual franchise taxes, that would have been required to be filed, and paid, during the period that the certificate of incorporation had been forfeited or void. The franchise taxes owed include the interest accrued on the taxes, and the filings and payments must be made at the time the certificate of validation is filed. Section 11 of this Act amends § 377. Among other things, § 377 addresses the procedures that a foreign corporation must follow to reinstate its qualification to do business in this State after the qualification has been forfeited under § 132 or § 136. In connection with such a reinstatement, amended § 377(e) requires a foreign corporation to file all annual reports and pay all required fees that would have been required to be filed or paid during the time the foreign corporation’s qualification to do business in this State had been forfeited. Section 12 of this Act amends § 502, which requires a corporation to file an annual report with the Secretary of State. Amended § 502(a) requires that the report disclose the nature of the business of the corporation and confirms that no office of any registered agent may be disclosed as the address of the principal place of business of the corporation, except where the corporation maintains its principal place of business in this State and serves as its own registered agent. The paragraphs of amended § 502(a) have also been re-numbered. Section 13 of this Act amends § 503, which provides the rates and means of computing franchise taxes. Amended § 503(e) provides that the filing of a certificate of validation to ratify one or more defective corporate acts pursuant to § 204 will not reduce the interest owed on the franchise taxes owed for prior periods and specifies that a corporation is not entitled to a franchise tax refund for any period prior to the filing of the certificate of validation. The amendments also repeal § 503(h), which specified an alternative franchise tax rate for regulated investment companies. Section 14 of this Act amends § 505 by clarifying that a corporation is not entitled to a refund of taxes, penalties or interest in connection with filing a certificate of correction under § 103(f) or a certificate of validation under § 204. Section 15 of this Act provides that Sections 1 through 12 and Section 14 of this Act take effect on August 1, 2025. Section 16 of this Act provides that § 503(h), as contained in Section 13 of this Act, takes effect for tax years beginning on or after January 1, 2026. Section 16 of this Act also provides that § 503(e), as contained in Section 13 of this Act, takes effect on August 1, 2025. 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. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141959 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.

This Act requires that a school board candidate and member be an “inhabitant” of the district, or designated portion of a district, that member represents. “Inhabitant” is defined for this purpose as “a person who both claims legal residence and physically resides in a designated area or school district.” Further, the bill provides that if a school board member is not physically present in their district for more than 75% of the days in any yearlong period of that member’s term, the member ceases to qualify as an inhabitant. Absence required by military service is not counted as absence for purposes of this statute. This Act provides that a resident of a school district may bring an action in Superior Court asking the Court to declare a vacancy if the resident has cause to believe a member is no longer an inhabitant of that member’s district. This Act also makes technical corrections to conform to the Delaware Legislative Drafting Manual. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141787 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.

This Act allows the Auditor of Accounts to issue subpoenas directly, removing a requirement that the Auditor first file a praecipe with the Superior Court prothonotary. It also allows the Auditor to effect service of such a subpoena, and to apply for a court order if a recipient fails to respond to a subpoena. Failure to comply with such a court order may be punished as contempt of court. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142408 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF HOUSTON.

This Act amends the Town of Houston (“Town”) Charter to do all of the following: 1. Gender neutralize the Charter. 2. Clarify the voting rights for multiple owners of a single piece of real estate located in the Town. 3. Change the times for polling and elections. 4. Change the qualifications of Town Councilmembers, the Town Secretary, Assistant Secretary, Alderman, Assistant Alderman, Treasurer, Town Tax Collector, and Town Solicitor. 5. Change the dates on which nominations for Town Councilmembers can be made. 6. Clarify when Town Council meetings may be held and the date when Town Councilmembers can be sworn into office. 7. Change the type of contracts that the Town Council may enter into. 8. Change and clarify how Town taxes may be levied and collected. 9. Change how the Town budget must be posted. 10. Remove the regulation and control of observance of the Sabbath Day. 11. Change the Town’s right to regulate animals, beasts, birds, or fowl. 12. Increase the Town’s ability to levy fines. 13. Remove limits on the amount of revenue the Town may raise. 14. Clarify the utilities the Town may tax. 15. Increase the borrowing limits of the Town. 16. Give the Town greater flexibility to locate a bank to serve the Town. 17. Change the voting rights in special elections. 18. Corrects citations to the Delaware Code. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also incorporates previously enacted changes [64 Del. Laws c. 211] that were inadvertently not included in the online copy of the Town of Houston’s Charter. 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.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142390 Delaware - Signed AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION.

This Act provides a one-time increase of 3% in aggregate worker’s compensation medical expenses to correct reimbursements for medical services coded as evaluation and management (E&M) for worker compensation cases. This is needed as the E&M reimbursement rate for Workers’ Compensation cases has fallen below the reimbursement rate of the Center for Medicare & Medicaid Services rates. This is a critical need as the State of Delaware is in critical need of physicians to accept and treat worker compensation patients.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142466 Delaware - Signed AN ACT TO AMEND CHAPTER 25, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PHARMACY.

The Board of Pharmacy (“Board”) has worked for several years to amend Chapter 25, Title 24 of the Delaware Code to update the statute governing pharmacy licensure and practice in this State. The result of these efforts is this Act, which modernizes Chapter 25 to include a licensure system similar to those already in place in many other states, reflects current practices and standards, and clarifies the law. The Board’s priority in amending Chapter 25 was to ensure competence and accountability of individuals, pharmacies, and other establishments regulated by the Board. This Act expands and updates the definitions section to include terms related to current practice, such as “compounding” and “outsourcing facilities.” Board membership terms are increased: Board members will be eligible to serve for a maximum of three consecutive, three-year terms. The Board officers are identified as president and vice president. Several sections are added to the Board’s powers and duties, including the authority to promulgate a Code of Ethics. This Act amends the qualifications for licensure as a pharmacist to set forth clearly objective criteria. With respect to licensure as a pharmacist by reciprocity, the “good standing” requirement is clarified, and a criminal background check requirement is added. The requirements for license renewal, reinstatement, and reactivation are amended to provide that, after a certain time period has expired, a licensee will be required to undergo a criminal background check and the licensee’s disciplinary history will be reviewed. This Act revises the potential Grounds for Discipline of pharmacists to include violation of the Code of Ethics. Available sanctions are broadened to include permanent revocation and potential administrative penalties not to exceed $10,000 for the first violation with further penalties optional for subsequent violations. These changes will serve as a deterrent for licensee conduct posing a risk to the public health, safety, and welfare. This Act strikes the provision for “Counseling of Pharmacists” to align statutory language with actual practice. Disciplinary matters are public and are addressed by the entire Board. The requirements for prescription labeling, pharmacy closing, and prescription departments will be addressed in rules and regulations to allow for necessary revisions as practice standards evolve. This Act also revises the requirements for pharmacies and non-resident pharmacies in the interest of objectivity and consistency. Grounds for discipline and available sanctions are expanded. In particular, the Board will have the discretion to impose an administrative penalty not to exceed $250,000 for each violation with further penalties available for ongoing violations. Further, with respect to non-resident pharmacies, the Board will also have the authority to impose administrative penalties, up to $10,000 per day, for the infraction of delivering drugs into Delaware without a license issued by the Board. This Act adds a new section for licensure requirements for manufacturers, wholesale distributors, outsourcing facilities, medical gas distributors, and retail non-pharmacies. Key personnel will be required to undergo criminal background checks. Possible administrative penalties are revised significantly, from $50 per day, to a maximum of $250,000 for each violation with further penalties available for ongoing violations. The option of this sanction will serve as a deterrent for wrongful conduct by establishments that are often delivering drugs from out-of-state into Delaware. This Act also makes revisions to ensure that statutory provisions are consistent with other Title 24 professional licensing board practice acts. Technical corrections serve to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act takes effect 1 year after enactment. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142503 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE CITY OF HARRINGTON RELATING TO TERM LIMITS, BANKING, BUDGET AND AUDIT DEADLINES, SUCCESSION OF AUTHORITY, AND SIGNING CHECKS.

On February 18, 2025, the City of Harrington passed Resolution 25-R-02 to seek support from the General Assembly to amend the City Charter. This Act amends the City of Harrington Charter, as requested by the City Council, by doing all of the following: 1. Removing limitations on the number of terms that an individual may serve as Mayor or a member of the City Council. 2. Removing the requirement that City funds be placed in a bank located in the City and allow the funds to be placed in bank approved by the City Council. 3. Changing the annual budget deadline from May 1 to June 1. 4. Changing the deadline for the auditor of accounts to submit an audit report from within 120 days from the end of the fiscal year to within 150 days from the end of the fiscal year. 5. Removing the Clerk of Council from the succession of authority for Mayor. 6. Allowing an approved member of the City Council to sign checks in the Mayor’s absence. This Act also makes additional requested changes, not included in Resolution 25-R-02, by doing all of the following: 1. Moving the deadline to determine the City’s revenue needs from May 1 to June 1 to match the updated budget deadline. 2. Removing the City Treasurer’s authority to approve and countersign checks or warrants for paying bills or other claims against the City, so that the checks or warrants must be approved and signed by the City Manager and the Mayor, or a Council member designated by the Mayor. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including adding language to clarify that the Vice Mayor is elected from among the City Council members instead of appointed. 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.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142363 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142286 Delaware - Signed AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION PAYMENTS.

This Act does the following: (1) Updates the Workers’ Compensation Act to reflect current practices and technology including enabling workers’ compensations payments to be by made by direct deposit. (2) Allows the Office of Workers’ Compensation to increase the reimbursement percentage of activities from 66.6% to 100%. This ensures that the inspection and safety functions of the Division of Industrial Affairs are fully covered as they are partially covered right now. Insurance carriers pay the assessment imposed by this section. The annual budget process provides caps or spend authorities on these appropriated special funds on an annual basis. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142632 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR RELATING TO NOMINATIONS AND ELECTIONS AND THE POWER TO BORROW MONEY AND ISSUE BONDS.

This Act updates the Town of Delmar's Charter as follows: 1) changes the time period in which a candidate must notify the town manager of their candidacy from 10 to 30 days, 2) updates a portion of the charter that was intended to be updated in HB 396 of the 152nd general assembly to increase Delmar's bonding limit from $1,000,000 to $10,000,000, 3) updates the language describing the circumstances in which a voter may be denied to include no longer being a resident of Delmar or other disqualification as described within Delmar's Charter, and 4) changes the word "biannually" to "biennially". ]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142675 Delaware - Signed AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE AND CHAPTER 44 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO PUBLIC UTILITIES.

This Act amends Chapter 44 of Volume 85 of the Laws of Delaware, formerly Senate Bill No. 159, as amended by Senate Amendment No. 1 and House Amendment No. 1, of the 153rd General Assembly, to delay the effective date of Chapter 44 of Volume 85 of the Laws of Delaware until January 31, 2026, and to repeal the sunset clause in Section of Chapter 44 of Volume 85 of the Laws of Delaware. This Act is retroactive to the enactment of Chapter 44 of Volume 85 of the Laws of Delaware. This Act does not affect or limit the retroactive effect of Section 2 of Chapter 44 of Volume 85 of the Laws of Delaware.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142531 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR AND SCHOOL-BASED MENTAL HEALTH PRACTITIONERS SUPPORT PROGRAMS.

The Department of Education (“Department”) currently administers the High Needs Educator Student Loan Repayment Program, the Speech-Language Pathologist Student Loan Repayment Program, and the Mental Health Services Student Loan Repayment Program. Annually, these programs help roughly 600 public school employees, including educators, speech-language pathologists, school counselors, school psychologists, and school social workers, through a single application process, by making loan payments directly to student loan lenders. But paying the lenders directly has caused 2 persistent issues: 1. Because the payments are considered taxable income, award recipients have the tax withheld from their paychecks, even though the payments go directly to the lenders. This lowers the award recipients’ take-home pay and can create confusion and hardship. 2. The process involves sending out 600 or more individual checks each year. And many checks are returned or delayed due to changes in lender information or system mismatches. To avoid these issues, the Department recommends combining the 3 different student loan repayment programs into a single program and changing the award process from a system that repays lenders directly to a system that pays stipends to public school employees through the State central payroll operation. These changes would streamline a system that already uses a single application and would do all of the following: 1. Avoid surprise tax impacts and imputed income issues. 2. Reduce administrative burden and failed payments. 3. Provide more timely and transparent support to award recipients. The suggested changes are easy to implement, budget-neutral, and could allow public school employees who previously declined awards due to the tax consequences to benefit from the financial support. This Act makes the changes recommended by the Department by doing all of the following: 1. Eliminates the separate Speech-Language Pathologist Student Loan Repayment Program, Mental Health Services Student Loan Repayment Program, and High Needs Educator Student Loan Repayment Program, and combines them into a single program under § 4163 of Title 14. 2. Shifts payment of awards from paying the lenders directly to paying the award recipients a stipend through the State central payroll operation. 3. Streamlines the process for determining financial need by allowing the Department to focus on collecting the income and loan information that is necessary to fairly allocate program funds. 4. Changes the title of § 4163 of Title 14 from the High Needs Educator Student Loan Repayment Program to the “Public School Employee Support Program for High Need Areas” because the 3 programs are now combined into a single program and the program is no longer a direct student loan repayment program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Mon, 30 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142295 Delaware - Signed AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.

Currently, the microbrewery statute permits a business to own 1 microbrewery and up to 2 brewpubs (a microbrewery that also has a restaurant as part of its business). This legislation would permit a microbrewery to choose to operate either 2 brewpubs or 1 additional microbrewery and 1 brewpub, under common ownership. The total number of licenses the business could hold remains 3, but it allows the business to choose 2 microbreweries and 1 brewpub, or 1 microbrewery and 2 brewpubs. A microbrewery can also choose to operate just one establishment.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142312 Delaware - Signed AN ACT TO AMEND TITLES 21 AND 30 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.

The Department of Transportation commissioned a study which was performed by the University of Delaware which calculated the impact on the Transportation Trust Fund by the increase in registration of electric motor vehicles, plug-in electric motor vehicles, non-plug-in electric motor vehicles, and other fuel motor vehicles. The Transportation Trust fund is the source of funding for the Department to perform all road and bridge improvements in the State. This Act assesses an additional registration fee on owners of electric motor vehicles, plug-in electric motor vehicles, non-plug-in electric motor vehicles, and other fuel motor vehicles to make up for the declining motor fuel tax revenue impacts on the Department, as well as the increased costs associated with these types of vehicles which are generally heavier than traditional passenger motor vehicles with increasing roadway impacts. This Act further increases several revenue sources in the following ways: 1) Assesses a one-time set up fee to a nonprofit organization to create a special license plate. 2) Increases the fee for issuance and renewal of a driver’s license from $40 to $50. 3) Increases the fee for a sex offender registration license replacement from $5 to $10. 4) Increases the issuance and renewal of a commercial driver’s license from $48 to $55. 5) Increases the fee for renewal of a non-commercial driver’s license Class A or B from $40 to $50. 6) Increases the fee for adding an endorsement to a commercial driver’s license from $5 to $10. A $10 fee for removing a restriction on a commercial driver’s license is now charged. 7) Increases the fee for taxicab endorsement and renewal from $3.45 to $10. 8) Makes the fee for a duplicate identification card for a lost or destroyed identification card set at $20. 9) Makes the fee for a replacement identification card due to name change $10. 10) Increases the fee for a dealership license from $100 and $50 for renewal. 11) Increases the document from 4.25 % to 5.25%. The effective date for these increases is generally October 1, 2025 to allow time for computer reprogramming and effective implementation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142394 Delaware - Signed AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL FEES AND ASSESSMENT AND TO AUTHORIZE AND APPROVE VARIOUS DNREC FEES AND ASSESSMENTS.

This Act updates certain statutory fees in Title 7 and establishes or updates certain permit and licensing fees found in 68 Del. Laws Ch. 86 (1991). These are fees charged for regulatory activities within the Department of Natural Resources and Environmental Control (DNREC) divisions of Air Quality, Waste and Hazardous Substances, Water, and Watershed Stewardship, most of which have not changed or been updated since 1991. The intent of the increased and new fees is to bring revenue generated by fees more in line with the cost of the regulatory programs and activities they support, including the cost of employees who work in those areas. The effective date for the fee changes is 180 days after enactment. Fees that are assessed by application or activity will be seen by applicants or permit holders the next time they apply for or renew permits or licenses after the effective date. Those who apply for permits or renewals before the effective date will pay current fees. Fees that are assessed on an annual basis will be seen by applicants the first time they pay the fee after the effective date. Certain fees for municipalities will not take effect until July 1, 2026 and will be billed at 50% of the new rate in the first year. DNREC is required to keep a complete list of fees and assessment on its public website. This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed. ]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141851 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

This Act requires that Department of Finance employees submit to criminal background checks and are subject to continuous criminal history monitoring.  It also authorizes the Department to submit contractors or third parties, that require or may require access to Department systems, facilities, or data, to submit to a criminal background check and continuous criminal history monitoring.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141852 Delaware - Signed AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATED TO CRIMINAL BACKGROUND CHECKS FOR DEPARTMENT OF LABOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS WITH ACCESS TO CONFIDENTIAL OR SENSITIVE INFORMATION.

This Act expands the statute for obtaining criminal background checks from just employees and contractors within the Department of Labor, Division of Unemployment Insurance who have access to federal tax information, to all new hires, transfers, promotions, contractors, subcontractors, and volunteers of the following departments, divisions, and offices: (1) Division of Unemployment Insurance; (2) Division of Paid Leave; (3) IT staff of the Department of Labor; (4) Individuals with access to the Workers’ Compensation Second Injury Fund within the Division of Industrial Affairs; and (5) Vocational Rehabilitation Counselors within the Division of Vocational Rehabilitation who work one-on-one with vulnerable clients. This Act also allows the Delaware State Bureau of Identification to provide criminal history record information that arises after the date the background check is completed, known as rap back, and requires current employees of various divisions and positions within the Department of Labor to submit fingerprints so the Department may be notified if an employee’s criminal history record information changes. Finally, this Act moves the background check provision contained in Chapter 33 to Chapter 1 of Title 19, given its broader scope. ]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141762 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF SELBYVILLE RELATING TO ELECTIONS.

This Act amends the Charter of the Town of Selbyville (Selbyville) by doing all of the following: 1. Divides Selbyville into 4 election districts. The 4 election districts must be nearly equal in population based on the most recent federal decennial census. 2. Changes the composition of the Town Council so that the 4 members are comprised of 1 member from each district. Each member must be nominated and elected by the registered voters of the district in which the member resides. 3. Requires that a candidate for Mayor or the Town Council be a resident of Selbyville for at least 2 years. 4. Makes corresponding revisions to the staggered terms served by members of the Town Council. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 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 charter issued to a municipal corporation.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141759 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK AUTHORIZING THE CITY OF NEWARK TO LEVY A TAX ON COLLEGES AND UNIVERSITIES WITHIN THE CITY OF NEWARK.

This Act amends the Newark Charter by authorizing the City of Newark to levy and collect a per student, per semester tax on Colleges and Universities that host in person classes which are located within the boundaries of the City of Newark. This tax applies to all colleges and universities including any organizations that are considered subdivisions or agencies of the State of Delaware or are otherwise tax exempt, including but not limited to the University of Delaware. The amount of the tax will be adjusted annually in an amount not to exceed the change in the Consumer Price Index for all Urban Consumers (Philadelphia-Camden-Wilmington, not seasonally adjusted). It also limits the available payment methods to restrict the use of credit cards for the payment of the aforementioned tax. 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.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141971 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VETERAN DESIGNATION ON DRIVER LICENSES.

This Act replaces the phrase "United States Armed Forces or of the National Guard" with "uniformed services of the United States," and defines "uniformed services of the United States" as meaning any of the 8 of the United States service branches and the National Guard. Usage of "Armed Forces" or "military" is often misunderstood to mean only the United States Army, United States Marine Corps, United States Navy, United States Air Force, United States Space Force, and United States Coast Guard. Using "uniformed services of the United States" more accurately includes the National Oceanic and Atmospheric Administration and the United States Public Health Service Commissioned Corp. This Act makes clear that veterans all 8 services branches are qualified to obtain veteran designation on their driver licenses. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142047 Delaware - Signed AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

This bill will improve customer service by extending the due date on toll violations from the thirty-first day to the sixty-first day, after the date the violation is transmitted. This bill amends the administrative fee by stating that the fee may be "up to" $25.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142179 Delaware - Signed DIRECTING THE DIVISION OF MEDICAID & MEDICAL ASSISTANCE TO EXPLORE CHILDREN'S HEALTH INSURANCE PROGRAM INITIATIVES.

This Senate Joint Resolution directs the Division of Medicaid & Medical Assistance (DMMA) to explore amending our Delaware Medicaid State Plan to allow for the adoption of the Children’s Health Insurance Program (CHIP) From-Conception-to-End-of-Pregnancy (FCEP) option and the creation of a Health Services Initiative (HSI) that will allow our State to use federal funding to partially cover prenatal and postpartum care for individuals otherwise ineligible for free or low-cost health-care coverage due to immigration status. This Joint Resolution also requires DMMA to provide a report to the General Assembly as to its findings no later than January 1, 2026.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142148 Delaware - Signed AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE MANUFACTURED HOME INSTALLATION BOARD.

This Act restructures the Manufactured Homes Installation Board to reduce its size. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142152 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF ODESSA.

This Act amends the Charter of the Town of Odessa to expressly authorize the Town to collect taxes and other charges owed to the Town using the provisions in Title 9 of the Delaware Code, Chapter 87, including the monition method of sale.]]> Tue, 24 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142262 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL PROPERTY TAX EXEMPTIONS.

This Act gives a county, upon a county-wide reassessment of real property under § 8306(b) of Title 9, the authority to adopt an ordinance modifying the school property tax exemption amounts that were put in place on or before January 1, 1998. In doing so, this Act protects seniors and individuals with disabilities from significant school tax increases related to county-wide reassessments of property values.]]> Fri, 13 Jun 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142355 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROVIDING FOR AN ADDITIONAL FAMILY COURT JUDGE IN SUSSEX COUNTY.

This Act increases the total number of Family Court judges from 17 to 18 to provide for 1 additional judge in Sussex County, which was funded in the fiscal year 2025 budget signed by the Governor on June 30, 2024.]]> Tue, 27 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142340 Delaware - Signed AN ACT TO AMEND CHAPTER 459, VOLUME 84 OF THE LAWS OF DELAWARE, AND CHAPTER 1, VOLUME 85 OF THE LAWS OF DELAWARE, RELATING TO THE REGISTRATION OF TRADE NAMES.

This Act delays the effective date of changes made to the trade name registration process made by Senate Bill No. 291 of the 152nd General Assembly and House Bill No. 40 of the 153rd General Assembly. The Act also directs the Department of Revenue to conduct outreach to affected agencies and customers regarding the pending changes.]]> Tue, 27 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141977 Delaware - Signed AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.

This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following: 1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday. 2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year. 3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit. 5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season. 6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season. 8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred. 9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor. This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality. Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141943 Delaware - Signed AN ACT TO AMEND CHAPTER 76, TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LEASE-PURCHASE AGREEMENT ACT.

This Act amends Title 6 by adding "lease-purchase property" to the Delaware Lease-Purchase Agreement Act. Pursuant to the Act, "lease-purchase property" means personal property that is owned by the lessor at the time it is displayed and offered for lease-purchase to the consumer. The Act provides that, for lease-purchase property offered online and available for online sale or sale by e-commerce, a lessor may satisfy the lessor's disclosure obligations under § 7606(c) by electronic disclosure. Similarly, for personal property, other than lease-purchase property, that is offered for lease-purchase by a lessor, the lessor must disclose electronically the cash price of the item and the amount of the lease payment and the total amount of lease payments necessary to acquire ownership. These disclosures must be made before any of the disclosures required by § 7603 of the Delaware Lease-Purchase Agreement Act. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141844 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO KEEP AND PROVIDE RECORDS AS PART OF THE GOVERNMENTAL COMPENSATION POLICY SUBCHAPTER.

This Act requires an institution of higher education that receives funding from this State to keep and provide records for an elected or appointed official who is employed by the institution of higher education. The University of Delaware and Delaware State University are to comply with this Act for employees who are paid in whole or in part with State funds. If the State Auditor finds that an institution of higher education is knowingly in violation of this Act, the State Auditor may impose an administrative penalty on the institution of higher education and shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General. ]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141870 Delaware - Signed AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS.

This bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal. ]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141908 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.

This Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141854 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE AND OVERSIGHT COMMITTEE.

This Act is from the Joint Legislative Oversight and Sunset Committee, to remove the provision that a committee member who participates virtually in a committee meeting is not counted toward quorum.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141859 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO ANNEXATION OF TERRITORY AND THE APPOINTMENT OF COMMITTEES.

This Amendment to the Charter of the Town Of Millsboro, in Section 3, amends the process for the initiation of annexation proceedings by allowing a Petition to be reviewed by the Town Staff, to determine the Petition is complete and all required information is contained in the Petition, before being presented to the Town Council. The Town Council will also be included in appointing a Committee to investigate the possibility of annexation by Resolution, instead of solely being the function of the Mayor. It further amends Section 16 by requiring the President of the Town Council to appoint committees with the advice and consent of a majority of the Town Council members. It also clarifies that all members of the Town Council have the right to make recommendations regarding new committees]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141860 Delaware - Signed REQUIRING THE DIVISION OF MEDICAID AND MEDICAL ASSISTANCE TO PRESENT THE GENERAL ASSEMBLY WITH A REPORT AND PLAN TO PROVIDE INSURANCE COVERAGE FOR COMMUNITY HEALTH WORKER SERVICES.

This resolution requires the Division of Medicaid and Medical Assistance to present a report to the Delaware General Assembly, by January 1, 2026, for the provision of insurance coverage for Community Health Worker services by Medicaid providers, which must include a draft State plan amendment or waiver, as appropriate, to the Governor and all members of the General Assembly, with copies to the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141817 Delaware - Signed AN ACT TO AMEND TITLE 20 AND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING RESTRICTIONS DURING A STATE OF EMERGENCY.

In a state of emergency, getting information to the public as quickly as possible is vital to the safety of the community. This Act provides protections to those who provide these essential communication and broadcasting services by deeming them "first informers." Under this Act, first informers are exempt from driving restrictions that the Governor may impose during a state of emergency. This Act also reorganizes provisions of Chapter 31 of Title 20 for clarity and makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141802 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GOVERNMENTAL COMPENSATION POLICY.

Section 4 of this Act requires a paid elected official or paid appointed official of this State or any political subdivision of this State (“official”) who is also employed by a state agency or a political subdivision of this State to disclose the dual employment to the Public Integrity Commission (“Commission”). This disclosure will assist the Commission and the State Auditor in evaluating if the official is receiving dual public compensation for coincident hours of work and requires the Commission to report to the official’s employer of any finding of dual compensation. Sections 1 through 3 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating definitions to ensure consistent usage of terms and by redrafting existing law to use active voice to ensure clarity of duties and obligations of officials and state agencies or political subdivisions of this State that employ officials. Section 5 of this Act makes clear that an individual serving as an official on the effective date of this Act must disclose any dual employment within 15 days after the enactment of this Act. Section 6 of this Act provides that this Act takes effect 1 year after the Act’s enactment into law.]]> Thu, 22 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141725 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act is the same as House Bill No. 140 (152nd) with 1 technical revision to include a definition of "physician" for consistency and to clarify that a physician must be licensed in Delaware. This Act provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. A mental illness or mental health condition is not a qualifying condition under this Act and a mental illness or mental health condition may be the reason that an individual does not have decision-making capacity and is thus, ineligible for medication to end their life in a humane and dignified manner. 3. Both the individual's attending physician or attending APRN and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician or attending APRN must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, palliative care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician or attending APRN must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician or attending APRN may prescribe the medication to end life. 9. The attending physician or attending APRN must provide the qualified patient with instructions about the proper safe-keeping and disposal of unused medication to end life in a humane and dignified manner under applicable state or federal guidelines. The United States Food and Drug Administration guidelines include using a medication collection site or a medication disposal pouch, that deactivates and renders drugs ineffective. 10. An insurer or health-care provider may not deny or alter health-care benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 11. A health-care institution may prohibit a physician or APRN from prescribing medication under this Act on the health-care institution's premises and a physician or APRN may to refuse to prescribe medication under this Act. 12. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia. 13. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 14. The Department of Health and Social Services (DHSS) must develop rules and regulations to collect information regarding compliance with this Act and require health-care providers to file a report when medication to end life in a humane and dignified manner is prescribed or dispensed. DHSS may review samples of records maintained under this Act. The information DHSS collects must include the information necessary to assess a physician's or APRN's compliance with their responsibilities under this Act and DHSS has explicit authority to share information with the Division of Professional Regulation if DHSS suspects that a health-care provider failed to comply with the requirements under this Act. 15. DHSS must complete an annual statistical report of information collected under this Act, similar to public reports available in other states such as New Jersey where this end of life option is available. This report has the following purposes: • To assist the DHSS in its oversight responsibilities for this Act. • To assist the public in learning how well this new law is operating. 16. The Department of State may also promulgate regulations or develop forms and protocols necessary under this Act. 17. Allows the Office of Controlled Substances to provide reports of data in the prescription monitoring program to DHSS to assess compliance with this Act. This Act takes effect when final regulations required under this Act have been promulgated or January 1, 2026, whichever occurs earlier. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.]]> Tue, 20 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142223 Delaware - Signed AN ACT DIRECTING THE STATE REGISTRAR OF VITAL STATISTICS TO ISSUE A BIRTH CERTIFICATE WITH THE NAME OF THE FATHER OF LEVI RYAN MURRAY.

There is a conflict in Delaware law related to determining whether the name of the husband who dies during the period between the creation of the embryo and placement of the embryo should or can be entered on the birth certificate as the father of the child conceived. Because of this conflict, this Act directs the State Registrar of Vital Statistics to immediately amend the birth certificate of the impacted individual, Levi Ryan Murray, to include the name of his father, Ryan Murray, on his birth certificate. This Act is necessary so that this child’s birth certificate can be completed while the General Assembly considers how to resolve this conflict in the law generally. The only difference between Senate Substitute No. 1 for Senate Bill No. 119 and SB 119 is that SS 1 for SB 119 corrects a misspelling of “Murray”.]]> Fri, 16 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141828 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARTIFICIAL INTELLIGENCE COMMISSION.

This Act adds a high school student to the AI Commission as a nonvoting member. The Chair of the Commission will appoint a student who is, or will be in the next school year, a tenth, eleventh, or twelfth grade student in a public or private school in Delaware. ]]> Tue, 13 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141728 Delaware - Signed AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING.

This Act makes the following changes to human trafficking law: (1) It adds “patronizing a victim of sexual servitude” and “ trafficking of persons for use of body parts” to the offenses that may serve as a predicate for forfeiture of property under the trafficking statute. (2) It removes an obsolete reference to charging a minor with delinquency for engaging in prostitution. The Criminal Code was revised in 2019 to define prostitution as a crime that may be committed only by a person who is 18 years of age or older. (3) It adds conduct constituting a human trafficking offense to the list of conduct that constitutes “abuse” for purposes of obtaining a protective order in Family Court.]]> Wed, 07 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141730 Delaware - Signed AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE ANTI-TRAFFICKING ACTION COUNCIL.

This Act makes changes to the operating requirements for the Delaware Anti-Trafficking Action Council. It reduces the members required for quorum from 13 to 10. Since the quorum requirement has been reduced to less than a majority of the Council, the bill also specifies that the Council may generally take action upon the vote of a majority of members present at a meeting, but that a majority vote of the Council members is required to approve the appointment of an Executive Director. Consistent with current practice, the Executive Director has the authority to hire staff and contract for services within the limits of available funds. The Act also revises the reporting on funds spent to be part of the annual report and include state, federal, or other funding received by the Council other than State-funded positions. At the present time, the Council does not receive state funding other than allocated personnel positions. Finally, the Act allows the Council to have a virtual meeting with a physical location open to the public (anchor location) so long as a staff member of the Council is present at the anchor location. Without this authorization, a member of the Council would be required to attend at the anchor location in order to comply with the State’s open meeting rules.]]> Wed, 07 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141712 Delaware - Signed AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO TOWN OF MILLSBORO ELECTION DISTRICTS, VACANCIES, AND THE TOWN SECRETARY.

This bill amends the charter of the Town of Millsboro to authorize redistricting of the Town's 3 municipal election districts using the 2020 federal decennial census by January 1, 2026 and to thereafter redistrict within 2 years of the latest federal decennial census. This bill also changes the process to fill a vacancy on the Town Council so that: (1) the Town Council shall appoint a person to fill a vacancy when there is less than 1 year remaining in the vacant term; (2) a special election is required to fill a vacancy when there is more than 1 year remaining in the vacant term; and (3) the Town Council shall appoint a person to fill the vacancy if no one files to run in the special election. This bill also clarifies that the Secretary shall be one of the members of the Town Council and describes the duties of the Secretary.T]]> Wed, 07 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141905 Delaware - Signed AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO PILOTAGE RATES.

This bill establishes the pilotage rates for the Pilots' Association for the Bay and River Delaware for 2026, 2027, and 2028.]]> Wed, 07 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141850 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LICENSING FEES AND DEPARTMENT OF INSURANCE FUNDING.

Section 1 of this Act allows the Department of Insurance to retain a portion of the licensing fees for insurance professionals in the Regulatory Revolving Fund. Section 1 of this bill also increases the maximum unencumbered balance that the Commissioner shall maintain in the Insurance Commissioner Regulatory Revolving Fund to $5,000,000. The previous balance was set by the General Assembly in 2005. Finally, Section 1 of this Act requires that any unencumbered balance in the Regulatory Revolving Fund in excess of $5,000,000 at the end of each fiscal year be transferred to the General Fund. Section 2 of this Act increases the licensing fees for insurance professionals by $25 and makes certain technical corrections. Sections 3 and 4 of this Act centralize licensing fees within one statutory provision (§ 701). These changes are necessary to reflect the growth of the Department operating budget and to cover further operating expenses realized as a result of additional statutory duties executed by the Insurance Department. The retention of these funds will ensure that the Department continues providing high-level services to the consumers of Delaware, maintains necessary staffing to satisfy NAIC accreditation standards, and avoids federal preemption. ]]> Wed, 07 May 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142046 Delaware - Signed AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DELAWARE MARIJUANA CONTROL ACT.

This Act identifies the specific categories of persons required to obtain a fingerprint-based national criminal background check in connection with working at a licensed marijuana establishment, holding a marijuana establishment license, or owning or serving on the board of directors of a business entity that has or applies for a marijuana establishment license. This clarification is necessary to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information. This Act also makes conforming changes to § 1354 of Title 4 and clarifies other grounds for approval or denial of a license based on criminal background check information.]]> Thu, 24 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141726 Delaware - Signed AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.

This Act provides that commissioned constables have the authority to direct traffic, if they are doing so while in the performance of the lawful duties of employment. In addition to explicitly granting constables this power under § 5609 of Title 24, the Act adds constables to the list in § 4103 of Title 21 of persons invested by law with the authority to direct, control, or regulate vehicle and pedestrian traffic. These changes will enable constables to provide additional public safety support to employers such as schools, which may benefit from assistance with directing traffic during busy times of day such as pickup and drop off. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Mon, 14 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141758 Delaware - Signed AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CONTROLLED SUBSTANCES IN THE CITY OF NEWARK.

This Act allows criminal charges of using, consuming, or possessing other than a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols and charges of public consumption of the same, where the offense is committed in the City of Newark by a person over 18 years of age, to be heard initially at either the Alderman’s Court or in the Court of Common Pleas. This Act likewise allows a civil violation for a person under the age of 21 using, consuming, or possessing a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols to be heard initially at the Alderman’s Court where the violation is committed in the City of Newark by a person over 18 years of age.]]> Mon, 14 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141803 Delaware - Signed AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

This Act aligns state special education law with the Individuals with Disabilities Education Act, and its implementing regulations, and also clarifies that a parent’s representative may obtain copies of a student’s special education records. ]]> Mon, 14 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141815 Delaware - Signed ESTABLISHING A TASK FORCE TO REDUCE REGULATORY BURDENS UPON SMALL RESTAURANTS.

This Joint Resolution establishes the Small Restaurant Regulatory Reform Task Force, established for the goal of reducing unnecessary burdens created by the regulations promulgated by the Department of Health and Social Services. By June 1, 2026, the commission is to identify the unnecessary burdens created by the regulations, concrete steps that can be taken to ease the burdens, and what state funding, if any, would be necessary to ease those burdens. ]]> Mon, 14 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141793 Delaware - Signed AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO TAXES.

This bill resolves an internal inconsistency in the Insurance Code regarding the timing of payment of taxes for captive insurance companies and surplus lines brokers. Sections 1917 and 6914 of the Insurance Code specifically address the amount and timing of taxes due for surplus lines brokers and captive insurance companies, respectively. Surplus lines brokers and captive insurance companies will continue to pay premium taxes in accordance with Sections 1917 and 6914, respectively, as they have historically. ]]> Mon, 14 Apr 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141930 Delaware - Signed AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.

Section 1 of this Act amends § 144 of Title 8 to provide safe harbor procedures for acts or transactions in which one or more directors or officers as well as controlling stockholders and members of control groups have interests or relationships that might render them interested or not independent with respect to the act or transaction. Under revised § 144(a), certain acts or transactions involving such directors or officers will be protected if approved or recommended by a majority of the disinterested directors, either serving on a board of directors or a committee of the board of directors, or approved or ratified by a majority of the votes cast by the disinterested stockholders entitled to vote thereon, in each case upon disclosure or in full knowledge of the material facts giving rise to the conflict or potential conflict. If a majority of the directors are not disinterested directors with respect to the act or transaction, any such disinterested director approval or recommendation must be provided through a disinterested director committee. In addition, the amendments define what parties constitute a controlling stockholder or control group and provide safe harbor procedures that can be followed to insulate from challenge specified acts or transactions from which a controlling stockholder or control group receives a unique benefit. Under new § 144(b), a controlling stockholder transaction that does not constitute a “going private transaction” may be entitled to the statutory safe harbor protection if it is negotiated and approved or recommended, as applicable, by a majority of the disinterested directors then serving on the committee, or is conditioned on the approval or ratification by disinterested stockholders and is approved or ratified by a majority of the votes cast by the disinterested stockholders. Under new § 144(c), a controlling stockholder transaction that constitutes a “going private transaction” may be entitled to the statutory safe harbor protection if it is negotiated and approved or recommended, as applicable, by a majority of the disinterested directors then serving on the committee and is conditioned on the approval of or ratification by disinterested stockholders and is approved or ratified by a vote of a majority of the votes cast by the disinterested stockholders. With respect to any approval or recommendation by a committee, the safe harbor only applies if the act or transaction or controlling stockholder transaction, as applicable, was approved by a committee consisting of at least 2 directors, all of whom, in the first instance, have been determined by the board of directors to be disinterested directors. Revised § 144 provides that any approval or recommendation, as applicable, of disinterested directors or a disinterested director committee must be made in good faith and without gross negligence, making clear that the statute does not displace the common law requirements regarding core fiduciary conduct as contemplated by cases such as Flood v. Synutra International, Inc., 195 A.3d 754 (Del. 2018), and In re MFW Shareholders Litigation, 67 A.3d 496 (Del. Ch. 2013), aff'd sub nom., Kahn v. M & F Worldwide Corp., 88 A.3d 635 (Del.2014). Revised § 144 does not limit the right of any person to seek relief on the grounds that a stockholder or other person aided and abetted a breach of fiduciary duty by one or more directors. Consistent with existing case law, the stockholder or other person must have knowingly participated in a breach of fiduciary duty to establish an aiding and abetting claim. In re Mindbody, Inc., 2024 WL 4926910 (Del. Dec. 2, 2024). The amendments to § 144 also set forth criteria for determining the independence and disinterestedness of directors and stockholders. The amendments provide that controlling stockholders and control groups, in their capacity as such, cannot be liable for monetary damages for breach of the duty of care. Section 144 is intended to provide a comprehensive liability exculpation scheme with respect to the fiduciary duties owed by stockholders and with respect to when the safe harbors in § 144(b) and (c) apply. Section 144 does not provide for the elimination of liability or safe harbors for stockholders who are not controlling stockholders or part of a control group because those stockholders do not owe fiduciary duties to the corporation or other stockholders. The amendments do not displace any safe harbor procedures or other protections available at common law, including processes and procedures that comply with the pre-amendment common law but do not conform to the § 144 safe harbors. The references in § 144 to an act or transaction being “fair as to the corporation and the corporation’s stockholders”, which would apply if the applicable disinterested director and disinterested stockholder safe harbors are not used, is intended to be consistent with the entire fairness doctrine developed in the common law. Section 2 of this Act amends § 220 of Title 8 to define the materials that a stockholder may demand to inspect pursuant to a request for books and records of the corporation. The amendments also set forth certain conditions that a stockholder must satisfy in order to make an inspection of books and records. The amendments make clear that information from books and records obtained by a stockholder from a production under § 220 will be deemed to be incorporated by reference into any complaint filed by or at the direction of a stockholder on the basis of information obtained through a demand for books and records. New § 220(b)(4) preserves whatever independent rights of inspection exist under the referenced sources and does not create any rights, either expressly or by implication. New § 220(f) provides that if the corporation does not have specified books and records, including minutes of board and committee meetings, actions of board or any committee, financial statements and director and officer independence questionnaires, the Court of Chancery may order the production of additional corporate records necessary and essential for the stockholder’s proper purpose. New § 220(g) provides that a stockholder may obtain additional specific records if the stockholder has made a showing of a compelling need to further a proper purpose for the inspection and has demonstrated by clear and convincing evidence that such specific records are necessary and essential to further such purpose. Section 3 of this Act provides that Sections 1 and 2 of this Act take effect on the enactment of this Act and apply to all acts and transactions, whether occurring before, on, or after the enactment date of this Act, except that Sections 1 and 2 of this Act do not apply to or affect any action or proceeding commenced in a court of competent jurisdiction that is completed or pending, or any demand to inspect books and records made, on or before February 17, 2025. 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.]]> Tue, 25 Mar 2025 00:00:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141732 Delaware - Signed AN ACT TO AMEND CHAPTER 299, VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE AFFORDABLE HOUSING PRODUCTION TASK FORCE.

This Act amends the Public Laws of Delaware relating to the Affordable Housing Production Task Force by extending the deadline for the provision of the final report of the Task Force from March 1, 2025 to April 7, 2025. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Thu, 27 Feb 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141819 Delaware - Signed AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2025.

This Act amends the Fiscal Year 2025 Bond and Capital Improvements Act to (1) authorize local bond shares to adjust for William Penn High School in the Colonial School District. Further, this Act amends Fiscal Year 2025 Bond and Capital Improvements Act to (2) authorize the Director of the Office of Management and Budget, with concurrence of the Controller General and the Co-Chairs of the Joint Committee on Capital, to transfer any necessary spending authority from the Cultural Access Fund; (3) revise allocations to the City of Dover and Downtown Dover Partnership; (4) revise the allocation for the University of Delaware for Deferred Maintenance from Laboratories to Campus Improvements; (5) revise the State and Local share allocations for the Smyrna Roof Replacement project and authorizes School Construction Market Pressure to be transferrable between Fiscal Years 2023 and 2024 to achieve allocations; (6) adjust School Safety and Security funding from the Department of Safety and Homeland Security, Delaware State Police, Special Investigation to reflect State Bureau of Identification; (7) removes the requirement of school districts and charter schools to obligate prior fiscal year MCI funds prior to utilizing Enhanced MCI; (8) authorize the transfer of any remaining funds from Legislative Hall major and minor capital improvement appropriations to be used for the Legislative Hall Garage/Expansion project; (9) authorize the transfer of any remaining funds from the Domestic Violence Coordinating Feasibility Study to the Criminal Justice Council for Family Justice Center startup costs; (10) authorizes the transfer of funds allocated for the Scannell Readiness Center and up to $500,000 of available Minor Capital Improvements to cover the project for the Bethany Beach Training Barracks; (11) authorizes funds from Capital School District’s Certificate of Necessity (CN 2113A) to be used to support new facilities for the Kent County Community School and Kent County Secondary ILC; (12) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (13) reprograms funding from the Community Redevelopment/Reinvestment Fund from Downtown Milford, Inc. to the Delaware State Fair, the Milford District Fee Public Library Commission, and Kent Sussex Industries; (14) authorize the Director of the Office of Management and Budget to perform an adaptive reuse study for the Delaware State Police Troop 7; and (15) remove the deadline date requiring Sussex County Council to adopt § 6961, Title 9 of the Delaware Code.]]> Fri, 14 Feb 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141766 Delaware - Signed DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE THAT OFFER NET METERING TO SOLAR CUSTOMERS TO CONTINUE TO PARTICIPATE IN A COST-BENEFIT STUDY AND ANALYSIS OF NET METERING, INCLUDING COST BURDENS AND COST SHIFTING, UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY, AND EXTENDING THE REPORTING DATE.

Senate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025.]]> Fri, 14 Feb 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141765 Delaware - Signed AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 446 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO PENSIONS FOR THE STATE JUDICIARY.

After enactment of Senate Substitute No. 1 to Senate Bill No. 174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No. 1 to Senate Bill No. 174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees’ Pension Plan (3% or 5%, depending on start date). Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No. 1 for Senate Bill No. 174. This Act does the following: (1) Revises § 5601 and 5605 of Title 29 to allow for Justices of the Peace, Commissioners, and Magistrates who first qualify for the State Judicial Pension Plan on the effective date of this Act to elect to remain in the State Employees’ Pension Plan or participate in the State Judicial Pension Plan at the same pre-tax rate each individual was contributing under the State Employees’ Pension Plan (3% or 5%). (2) Sets the mandatory pre-tax contribution rate of any subsequently appointed State judicial officer at 5%. Any Justice of the Peace, Commissioner, or Magistrate as of the effective date who is appointed to a new position within the state judiciary after the effective date of this Act will also be subject to the mandatory 5% contribution rate. (3) Delays the effective date of Senate Substitute No. 1 for Senate Bill No. 174 until January 26, 2025, the effective date of this Act.]]> Fri, 07 Feb 2025 00:00:00 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141757 Delaware - Signed AN ACT TO AMEND CHAPTER 459, VOLUME 84 OF THE LAWS OF DELAWARE AND TITLES 6, 29, AND 30 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF TRADE NAMES.

This Act modifies the effective date of Chapter 459, Volume 84 of the Laws of Delaware from February 1, 2025 to June 2, 2025, which was enacted to allow One-Stop business registration by making trade name registrations fully online. It codifies existing practice with respect to the registration of trade names for corporations and LLCs and adds a $25 annual license fee for Delaware corporations and LLCs not doing business in Delaware but desiring a Delaware trade name registration. ]]> Fri, 07 Feb 2025 00:00:00 -0500 153