http://www.legis.delaware.gov/ Legislation In Lieu with the State of Delaware en-us Fri, 17 Apr 2026 13:21:03 -0400 https://www.legis.delaware.gov/BillDetail?legislationId=142462 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TOBACCO PRODUCT TAXATION AND LICENSING.

Section 1 of this Act changes the definition of “tobacco product” to include all products intended for consumption that contain, are made from, or derived from tobacco or nicotine. Nicotine pouches are specifically enumerated as a product included in this definition. Products or substances that contain marijuana are specifically excluded from the tobacco products definition, since those items will be subject to taxation under Chapter 13 of Title 4. Also excluded are products regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. Section 2 of the Act raises tobacco product tax rates as follows: (1) The tax on cigarettes is raised from $2.10 per 20 pack of cigarettes to $3.60 per 20 pack of cigarettes; (2) Tax on vapor products raised from 5 cents to 25 cents; (3) Tax on moist snuff raised from 92 cents per ounce to $1.23 per ounce and the tax rate for all other tobacco products is raised from 30% of the wholesale price to 45% of the wholesale price. Sections 3 and 4 raise the fee for licenses under this chapter. The increased tax rates take effect on September 1, 2025. A floor tax, due by December 31, 2025 is due on products that are stocked but not yet sold as of the effective date, in an amount equal to the difference between tax already paid at the old rate and the new rate of tax. The increased license fees take effect on January 1, 2026. ]]> Fri, 17 Apr 2026 13:21:03 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142963 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

Kratom is an herb derived from a leafy Southeast Asia tree, known formally as Mitragyna speciosa. Kratom contains two psychoactive compounds, mitragynine and 7-hydroximitragynine. Both compounds can bind to opioid receptors in the brain and produce a pharmacological response similar to the effects of other opioids, such as morphine, and can lead to addiction. An estimated 11 to 15 million Americans consume Kratom regularly. According to a 2025 study by the Legislative Analysis and Public Policy Association, 24 states and the District of Columbia regulate kratom or its components in some manner. In six states (Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin) and the District of Columbia, kratom’s psychoactive components are considered controlled substances. In 18 states, the possession, sale, manufacture, etc. of kratom products is regulated. A Center for Disease Control analysis found that kratom was implicated in 846 fatal overdose cases across 30 states and the District of Columbia in 2022. Other reports suggest over 2,000 fatal overdoses have been linked to kratom since 2021. This Act amends Delaware’s Uniform Controlled Substances Act. The Act defines “Kratom” and “Kratom Products”. The Act makes it unlawful to manufacture, distribute, sell, offer to sell, or possess with intent to sell a Kratom Product. The Act creates a new § 4761C, which makes manufacturing, processing, packaging, labeling, selling, delivering, distributing, offering, or sale, or possession with intent to sell, deliver, or distribute Kratom Products unlawful and is subject to the penalties imposed by Title 16, Chapter 47, for Schedule I controlled substances, and is a Class C felony. This Act makes the knowing and intentional possession of a personal use quantity of a Kratom Product a Class B misdemeanor, which exposes the person to fines, but not incarceration.]]> Wed, 15 Apr 2026 18:40:32 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142973 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.

House Substitute for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in; (4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of. This House Substitute is different from House Bill No. 151 in the following ways: (1) The original Act prohibited the operation of private detention facilities and did not address the government’s interaction with them. This Substitute does not prohibit the operation of private detention centers. (2) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility (3) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility. It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028.]]> Wed, 15 Apr 2026 12:38:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142913 Delaware - Lieu/Substituted ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.

This Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corresponding changes to other sections of the Code.]]> Wed, 15 Apr 2026 09:09:26 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143021 Delaware - Lieu/Substituted AN ACT AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO HEARING AID COVERAGE.

Early access to language is essential to child development. Children identified as Deaf or hard of hearing rely on hearing aids for language development. Language development leads to success in school. Medicaid coverage of hearing aids for children younger than 21 years old applies only to children who qualify for Medicaid. Delaware currently requires private insurers to provide minimum coverage of $1,000 for each hearing aid for individuals younger than 24 years old, covered as a dependent by the policyholder. The cost of hearing aids can vary widely but can cost from $3,000 to $5,000 out-of-pocket. This can be too expensive for families, even with the current $1,000 coverage requirement. The cost of a cochlear implant can range from $30,000 to $100,000, depending on the necessary device, surgery, and rehabilitation. Delaware does not require insurers to cover the costs of cochlear implants. This Act requires individual health insurance policies under Chapter 33 of Title 18, group and blanket health insurance policies under Chapter 35 of Title 18, and the state employee health plan under Chapter 52 of Title 29 to cover all of the following: • At no cost to the covered individual, at least 1 hearing aid for each ear at least every 3 years, or before the expiration of the 3-year period if a health care professional determines that a new hearing aid is medically necessary. For hearing aids with earmolds, insurers are required to cover at least 1 earmold for each ear at least annually, or sooner if new earmolds are medically necessary. The cost-sharing limitation applies only to coverage of hearing aids. The types of hearing aid covered includes a hearing aid with an earmold, a hearing aid with slim tubing, a receiver-in-ear hearing aid, a bone-anchored hearing aid, and a cochlear implant. • Medically necessary hearing aid-related parts, attachments, or accessories. • Medically necessary related services related to prescribing, fitting, implanting, or dispensing hearing aids. Coverage must include medically necessary related services provided by a hearing care professional who specializes in providing care to pediatric patients. The required coverage for hearing aids applies to all covered individuals, regardless of age, for individual health insurance policies because federal law prohibits states from limiting coverage for an essential health benefit based on an individual’s age, unless there is a clinical reason. For group and blanket health insurance policies and the state employee health plan, the required coverage applies only to individuals younger than 26 years old, covered as a dependent by the policyholder. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and reorganizes paragraphs for clarity. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027.]]> Tue, 14 Apr 2026 17:22:56 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142510 Delaware - Lieu/Substituted AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

This Act restricts law enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, places of worship, or health-care facilities without permission from the Attorney General. This Act only applies to State and local law enforcement and does not apply to or restrict the actions of federal law enforcement officers or agents. This Act does not apply to requests for or existing agreements for cooperation relating to criminal matters or civil matters that are not related to immigration enforcement. This Act does not restrict State or local law enforcement from cooperating in activities related to criminal immigration enforcement matters. This Act does not create any liability for State or local law enforcement. This Act is a substitute for and differs from HB 94 by broadening the types of facilities where state and local police or constable cooperation in civil law enforcement is limited and defining definitions of those facility types. This substitute also imposes a 48 hour deadline on the AG to respond to requests for cooperation and clarifies that if a request is not responded to within that time the request is authorized. ]]> Tue, 14 Apr 2026 12:39:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142954 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

This Act makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under Chapter 83 of Title 29 of the Delaware Code to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information. The Department of Finance applied for federal “Rap Back” reporting and was denied, so the unacceptable language is being eliminated to facilitate access.]]> Tue, 14 Apr 2026 12:39:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142426 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REVERSE LOCATION AND REVERSE KEYWORD SEARCHES AND COURT ORDERS.

Reverse-location court orders and reverse keyword court orders enable the government to obtain location data or technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. The profusion of electronic devices and apps in recent years has allowed recordation of numerous details of citizen’s everyday lives, that the government should not be permitted to collect and review at will. Such general searches allow the government to sweep in personal information about hundreds or thousands of people who are not suspected of having committed any crime. These searches are an invasion of privacy, have a potentially chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search. This Act would prohibit law enforcement and courts from requesting, issuing, or enforcing reverse-location court orders, reverse-keyword court orders, reverse-location requests and reverse keyword requests. It also creates a private right of action for an individual whose personal information was obtained in violation of this Act and requires the suppression of evidence derived from an unlawful reverse-location or reverse-keyword search.]]> Tue, 14 Apr 2026 12:39:00 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142167 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for biomarker testing, when the test is supported by medical and scientific evidence. The Act applies to all such policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2026.]]> Mon, 13 Apr 2026 14:53:55 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142988 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO STABLECOINS.

This Act establishes the Delaware Payment Stablecoin Act under Title 5 of the Delaware Code. It creates a licensing framework for payment stablecoin issuers and digital asset service providers operating with or on behalf of Delaware residents. The Act adopts definitions drawn from the federal Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), Pub. L. 119-27, and from the Office of the Comptroller of the Currency's proposed rulemaking implementing that statute (Docket ID OCC-2025-0372), where those definitions do not duplicate existing Delaware law. The Act establishes reserve requirements including reserve shortfall remediation cascades, mandatory redemption timing standards, capital standards, anti-money laundering obligations, data privacy statutory floors, change-in-control notice procedures, custody safeguards, a federal-to-state charter conversion pathway, and strong preemption provisions. The State Bank Commissioner is directed to promulgate implementing regulations within specified timeframes to align Delaware's framework with evolving federal standards. This Act requires a greater than majority vote for passage because § 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 a court of competent jurisdiction. ]]> Mon, 13 Apr 2026 13:44:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142739 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING WILDLIFE.

This Act is the first leg of a constitutional amendment to establish the right to hunt, fish, and trap wildlife in Delaware. Twenty-one other states have preserved the right to hunt, fish, and trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia, and Vermont. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act declares that it may not be applied to do any of the following: (1) Limit the application of a law relating to trespass or property rights. (2) Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. (3) Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. (4) Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. (5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Thu, 02 Apr 2026 15:19:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142900 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING THE SECONDARY TICKETING MARKET.

This Act is a substitute bill for Senate Bill No. 181. It changes the following from the original bill: 1. Adds definitions for “original total price” and “primary ticketing platform” while removing the definition of “ticket issuer” from the original bill. 2. Omits language regarding transferability of a ticket in § 2505N to better reflect that most tickets do not restrict transferability of a ticket; however, this omission would not restrict an artist or venue from choosing to restrict transferability as part of terms and conditions of the ticket. 3. Provides clarity by removing “event ticket” as used in the original bill for simply “ticket”. 4. Changes the amount of time a primary ticketing platform must report a known or attempted circumvention of ticket sales to the Division from 48 hours to 30 days. 5. In § 2509N, the concept of a price cap is replaced with price limitation, which limits the price at which a reseller or secondary ticket exchange may sell or offer to sell a ticket to 110% of the original total price of the ticket. 6. Removes sections from the original bill pertaining to registration and reporting requirements of resellers, bond requirements, secondary ticket exchange responsibilities, consumer compensation, audit and oversight, public access to registered resellers, and revocation of resellers. 7. Changes the penalty section to clarify violations of this chapter are unlawful practices under § 2513 of this title and subject to penalties of subchapter II of chapter 25 of Title 6. 8. Minor technical changes. This substitute bill, as in the original bill, prohibits certain actions regarding the sale and exchange of tickets for events in this state by primary ticket sellers, ticket issuers, and ticket resellers. It requires a clear and conspicuous disclosure of fees and costs associated with the total cost of a ticket being provided to a purchaser before the purchaser’s payment information is requested. The substitute bill prohibits the reselling of a ticket until the event is placed on sale to the general public, including any tickets that may be obtained or accessed through a fan club. It further sets forth requirements regarding transferability of tickets, refunding of tickets, and bans the use of deceptive practices for any reselling of a ticket. This Act prohibits use of a bot or other methods used to circumvent reasonable restrictions on the sale of tickets on the internet. The Act places a price limitation of up to 110% of the original total price of the ticket. This Act is effective immediately and is to be implemented the earlier of 1 year from the date of enactment or notice of publication within the Register of Regulations that final regulations have been promulgated. ]]> Wed, 25 Mar 2026 17:41:32 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142997 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATION ON PUBLIC SCHOOLS' TAX RATE AFTER GENERAL REASSESSMENT.

This Act removes the 10% increase in school property tax revenue and replaces it with a school district that can demonstrate that it will suffer a loss of projected revenue resulting from the general reassessment being allowed to increase its rate of taxation up to 2% per year for 5 years or until the district's projected revenue loss per year has been fully realized, whichever comes first.]]> Wed, 25 Mar 2026 12:54:04 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142726 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.

This Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509A. A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508A(e) added by this Act. The Board of Examiners of Psychologists (the “Board”) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity. An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide for fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508A, § 3509, and § 3509A of Title 24. 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 of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act is effective on its enactment and is to be implemented the earlier of the following: 1. Twelve months from the date of enactment. 2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted. ]]> Tue, 24 Mar 2026 19:42:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142681 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATION ON PUBLIC SCHOOLS' TAX RATE AFTER GENERAL REASSESSMENT.

This Act limits the 10% increase in school property tax revenue to 2% per year for 5 years after a general reassessment.]]> Tue, 24 Mar 2026 12:44:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142898 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

This Act updates the existing crime of “breach of peace or violence on election day.” As rewritten, both of the following actions taken on election day or during the counting of ballots are class G felonies: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, or a meeting of the Board of Canvass; and (2) A breach of peace intended to impede, hinder, or interfere with the peaceful conduct of the election or reading and counting of ballots. ]]> Tue, 24 Mar 2026 12:44:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142845 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE CHILD CARE AND DEPENDENT CARE EXPENSE TAX CREDIT.

This Act doubles the child care and dependent care expense tax credit for resident individuals with taxable income of less than $60,000.00 and makes that credit refundable. For those individuals with taxable income of $60,000 or more, the credit is unchanged.]]> Tue, 24 Mar 2026 12:44:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141751 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSESSMENTS AND TAXATION OF STRUCTURES LOCATED ON LAND IN AGRICULTURAL, HORTICULTURAL, AND FOREST USE.

Agriculture is currently the leading industry in Delaware but as housing and other development occurs less farmland becomes available. For farmers in general, but in particular the small and medium sized farm owners, the real estate taxes imposed on their farm structures imposes a significant financial impact and adversely affects their ability to survive. At least eighteen other states have recognized this problem and have through legislation provided real estate tax relief for qualified farm structures. This legislation would use the same mechanism for providing real estate tax relief for qualified farm structures as it currently exists for qualified farmlands. ]]> Thu, 19 Mar 2026 17:32:50 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142172 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.

This Act prohibits the operation of private detention facilities in the State of Delaware. ]]> Thu, 19 Mar 2026 12:49:17 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142171 Delaware - Lieu/Substituted AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

This bill prohibits civil arrests from being made in courthouses without a judicial warrant.]]> Thu, 19 Mar 2026 12:49:17 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142856 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO FIRST RESPONDERS.

This Act creates a definition of “first responder” in Chapter 31 of Title 20, pertaining to emergency management. Currently, the term is referenced, but it is not actually defined, creating potential uncertainty about who qualifies as a first responder in this context. This Act defines a first responder as a federal, state, or local law enforcement officer, fire, or emergency medical services personnel, hazardous materials response team member, 911 dispatcher, emergency manager, or other individual who is responsible for the protection and preservation of life or property and who is called on to respond to emergencies. ]]> Tue, 17 Mar 2026 14:59:54 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142488 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.

This Act provides a privilege to confidential communications between a victim and a victim advocate that cannot yield except where necessary to prevent harm to the victim or another or to report child abuse as required by law. The victim can waive the privilege with a signed waiver. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. ]]> Thu, 12 Mar 2026 12:41:02 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142725 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.

This Act makes use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance classified in section 4714(d)(19) of Title 16 (products containing marijuana or tetrohydrocannabinols) in an area accessible to the public or in a moving vehicle a civil violation rather than a misdemeanor, and changes the potential penalties for this offense to a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Act does not affect the ability of law enforcement to arrest and charge individuals who operate motor vehicles while under the influence of controlled substances under Title 21 of the Delaware Code. This Act also makes a technical correction to delete a reference in a section title to a previously repealed subsection.]]> Tue, 10 Mar 2026 12:31:11 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142467 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING THE SECONDARY TICKETING MARKET.

This Act prohibits certain actions regarding the sale and exchange of tickets for events in this state by primary ticket sellers, ticket issuers, and ticket resellers. The Act requires a clear and conspicuous disclosure of fees and costs associated with the total cost of a ticket being provided to a purchaser before the purchaser’s payment information is requested. The Act prohibits the reselling of a ticket until the event is placed on sale to the general public, including any tickets that may be obtained or accessed through a fan club. The Act sets forth requirements regarding transferability of tickets, refunding of tickets, and bans on the use of deceptive practices for any reselling of a ticket. The Act prohibits use of a bot or other methods used to circumvent reasonable restrictions on the sale of tickets on the internet. The Act places a cap on prices in which a reseller can offer or sell a ticket at 10% of the total price of the initial ticket price. It also places a requirement upon any person who resells 100 or more tickets per year to register with the Division, excluding tickets that are bought for sporting events as part of a season ticket package. The Act requires registered resellers to provide certain identifying information and submit a report every two years summarizing the total tickets sold, the original purchase price of each ticket, and the final resale price. The Act requires a surety bond requirement upon registered resellers to protect consumers in cases where the reseller fails to provide tickets. The Act provides authority for the Division to audit registered resellers, maintain a list of all registered resellers that is available to the public, and revoke a registration of a reseller for violation of this chapter. The Act establishes penalties and provides the Division with authority to adopt regulations. The Act is effective immediately and is to be implemented the earlier of 1 year from the date of enactment or notice of publication within the Register of Regulations that final regulations have been promulgated. ]]> Thu, 05 Mar 2026 13:59:43 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142788 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AGAINST PUBLIC ORDER.

This Act creates the new crime of "interference with reproductive health services or exercise of religion." It is based on a substantially similar federal law (18 U.S.C. § 248). The Superior Court is vested with jurisdiction over criminal proceedings arising under this law.]]> Thu, 05 Mar 2026 13:46:26 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142791 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE CHILD AND DEPENDENT CARE EXPENSE TAX CREDIT.

This Act increases the state child and dependent care expense tax credit from the current 50% match to a full 100% match with the federal child and dependent care expense tax credit.]]> Thu, 05 Mar 2026 13:46:26 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142357 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE VICTIMS COMPENSATION ASSISTANCE PROGRAM.

This bill enables family members of individuals who have committed suicide to receive support services through the present VCAP. Distributions under this Act will begin January 1 of the year following its enactment. This bill imposes a surcharge on business, residential, wireless, and prepaid wireless services that will be used to fund suicide assistance services. The fee is $0.12 per month on subscription services or $0.12 per retail transaction for prepaid services. Any funds in excess of $5,000,000 at the end of the fiscal year will be returned to the general fund. This Act will be known as the “Elizabeth Barnes Act.”]]> Thu, 05 Mar 2026 13:46:25 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142360 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO REGIONAL GREENHOUSE GAS INITIATIVE AND CO2 EMISSIONS TRADING PROGRAM AUCTION PROCEEDS.

Subchapter 11-A of Title 7 delineates the Regional Green House Gas initiative, including where proceeds from C02 allowance auctions shall be expended. This Act fixes the overall amount of proceeds directed to purposes currently in the Delaware Code to 2025 levels and instructs DNREC that any auction proceeds above 2025 levels be directed to a rebate program to defray the cost of electricity to ratepayers. Under this Act, Delmarva Power and Light would receive the rebate amounts and be required to distribute those proceeds in the form of electric bill reeducations to retail electric customers. ]]> Wed, 28 Jan 2026 10:20:51 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142750 Delaware - Lieu/Substituted AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDEN.

This Act deletes the current Charter of the Village of Arden and replaces it with a new charter that differs in several respects. Among other changes, this Act adds a preamble to the Charter; amends the boundaries of the Village to include the Sherwood Forest Addition and the Mill Race Addition; adds definitions of certain terms; provides that regular meetings of the Town Assembly are to be held at the Gild Hall or other suitable public physical or virtual venue in the village; clarifies and amends the procedures for Special Town Meetings; clarifies and revises the procedures for enacting, amending, and repealing ordinances; provides that a referendum may be called by a majority vote at a Town Assembly Meeting; adds a non-voting, alternate member to the Board of Assessors; removes a provision for the election of the Board of Assessors, which is transferred it to a village ordinance; requires the Board of Assessors to assess the community standard of living, in addition to the full rental value of leased lands; removes provisions for the election of the Budget Committee and the budget referendum voting process, which are transferred to an ordinance; updating language relating to responsibilities of the Budget Committee; provides that if a budget referendum fails, then the town will use the previous year's budget until a new budget can be approved; removes provisions relating to the election of the Registration Committee, which are transferred to an ordinance; revises the fines and penalties that may be imposed by a Justice of the Peace for violations of the Charter or village ordinances and revises the appeals process for convictions thereof; simplifies the Charter's provisions for town law enforcement officials; requires that town contracts must be witnessed by a second Village official, in addition to signed by the Chair of the Town Assembly; deletes the section of the Charter relating to fire, zoning, and housing codes, as those subjects are already handled by New Castle County; replaces gender-specific language with gender-neutral language; and makes other, minor changes to the language of the Charter.]]> Wed, 28 Jan 2026 09:30:43 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141750 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S RIGHT TO EARLY LEASE TERMINATION.

This Act allows a tenant to terminate a rental agreement early if they are purchasing a home by providing 30 days' written notice to the landlord. The 30-day period begins on the first day of the month after the day the notice is given. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act updates language for group or cooperative living facility and retirement home to the definition of long-term care facility in §1102 of Title 16. And this Act removes references to subsidized public or private housing from § 5314(b)(3) of Title 25 because it is repeated in § 5314(b)(4) of Title 25.]]> Fri, 23 Jan 2026 15:20:16 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142798 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO SUBPOENA POWER.

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. This Act equates a corporate or business entity’s non-compliance with an order enforcing a subpoena under this section to abuse or misuse of corporate powers sufficient to permit the Attorney General to commence proceedings to revoke a corporate charter pursuant to Title 8 of the Delaware Code. ]]> Thu, 22 Jan 2026 11:07:48 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142795 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 9 AND 14 OF THE DELAWARE CODE RELATING TO COUNTY ASSESSMENTS AND TAX COLLECTION.

This Act provides the Office of Finance for New Castle County the authority to conduct a quality control review of a tax parcel’s new assessed value after a general reassessment when any of the following conditions exist: (1) A clerical, mathematical, or factual mistake occurred during the new general reassessment. (2) A non-residential tax parcel whose assessed value from the general reassessment is at least $300,000 but decreased from its previous assessed value. (3) A non-residential tax parcel’s assessed value from the new general reassessment is at least $300,000 and the percentage change in its newly assessed value from its assessed value prior to the new general reassessment is no greater than 50% of the median increase of non-residential properties in that county from the new general reassessment. (4) A non-residential tax parcel’s assessed value from the new general reassessment is at least 25% less than the actual sale price from the parcel’s most recent sale within the 5 years preceding the new general reassessment, whenever the actual sale price is determinable by public records. The quality control review grants the Office of Finance the power to make revisions and corrections to a tax parcel while adhering to the standards of §§ 8306(a), 8312, and 8321 of Title 9. The Act sets deadlines for the Office of Finance to make revisions, the assessment and levying of taxes, and the mailing of tax statements. This Act also amends Title 14 to provide a deadline date for all school boards in New Castle County to deliver their warrants and provides emergency funding if a school experiences a shortfall of funding. This Act expires on March 31, 2027, unless otherwise provided by a subsequent act of the General Assembly.]]> Thu, 22 Jan 2026 11:07:34 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141738 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO DEATH BENEFITS.

Section 1 of this Act increases the burial benefit under the State Employees' Pension Plan from $7,000 to $8,000. The amount of this benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). Section 1 directly increases the amount of the burial benefit for individuals receiving a pension under the State Employees’ Pension Plan, § 5546 of Title 29, and also increases the funeral benefits under additional pension plans because the amount of the benefits under the following pension plans is the same as the amount under § 5546 of Title 29: • The State Police Pension Plan, Chapter 83 of Title 11. • The Delaware County and Municipal Police and Firefighter Pension Plan, Chapter 88 of Title 11. • The early retirement option for state employees, Chapter 53 of Title 29. In addition, Section 1 increases the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 because the maximum for these damages is the amount under § 5546 of Title 29. Section 2 of this Act increases the funeral expenses paid for a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company from $7,000 to $8,000. The amount of this benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1). Consistent with a legal interpretation of the existing law by state agencies, 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, § 5316 of Title 29, or § 5546 of Title 29. However, 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. This Act takes effect on 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.]]> Thu, 08 Jan 2026 12:12:48 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142639 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR TREATMENT TO PREVENT HIV INFECTION.

This Act requires individual health insurance plans, group and blanket health insurance plans, the State employee health plan, and State Medicaid insurance to cover medically necessary pre-exposure prophylaxis (“PrEP”) treatment for the prevention of human immunodeficiency virus (“HIV”) infection before possible HIV exposure and post-exposure prophylaxis (“PEP”) treatment for the prevention of HIV infection after possible HIV exposure. The required PrEP and PEP coverage must include services related to administering the covered treatment and must be provided without any of the following: 1. Cost-sharing requirements, including deductibles, coinsurance, copayments, and out-of-pocket expenses. 2. Prior authorization or step therapy requirements. 3. Unreasonable delay in coverage determination. This Act applies to all policies, contracts, or certificates that are renewed, modified, altered, amended, or reissued after December 31, 2026.]]> Thu, 08 Jan 2026 12:12:48 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141904 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BACKGROUND CHECK CENTER.

This Act codifies that a criminal history report obtained by a home-care agency through the BCC’s criminal screening process is valid for 3 years from the date of the applicant’s fingerprinting. The Act further requires the Department to promulgate regulations that require the Rap Back System to notify current and future employers of any subsequent criminal history of the applicant.]]> Thu, 18 Dec 2025 14:02:28 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142372 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO SPECIAL ELECTIONS FOR GENERAL ASSEMBLY.

This Act adds the opportunity for special primary elections in special elections for vacancies in either house of the General Assembly. This Act shortens the time between some steps in the process so that if there is a special primary election, the special general election will only be between 35 and 50 days after the special election is held under current law. The time periods under this Act accommodate 10 days of early voting before the day of each election and are feasible with current technology and practices. Early voting and absentee voting requirements and procedures remain the same as for regular elections. Under this Act, the general procedure for special elections to fill a vacancy in the General Assembly is as follows: • The initial writ of election must be issued within 5 days of the creation of the vacancy. This writ will provide the date of the special primary election and the deadlines for candidates to file and withdraw. • The special primary election must be held between 35 and 40 days after the date of the writ unless specific provisions for vacancies that occur 6 months before a general election apply. • Candidates have 5 days to file and must schedule the appointment necessary for a criminal history background check no more than 48 hours after the filing deadline. • The Department of Elections (Department) will provide notice of the candidates who have filed to political parties and if there are no candidates for a political party, the party has 5 days to submit a nomination to the Department. • Within 24 hours after the deadline for a candidate to withdraw, the State Election Commissioner must provide notice to the officer who issued the writ of election that states if a special primary election is necessary. After receiving this notice, the officer does either of the following: 1. If a special primary election is not necessary, the officer will issue an amended writ of election establishing that the special general election will be held on the date provided in the initial writ of election. 2. If a special primary election is necessary, the officer will issue a supplemental writ of election setting the date for the special general election which must be between 35 and 40 days from the date of the special primary election. To avoid holding elections too close together to be feasible for the Department and holding multiple elections for the same office within a few months, the general procedure for special elections under this Act is modified if a special election would otherwise be held within 6 months of a general election as follows: If the vacancy is for an office that is on the general election ballot and the date for the special primary election would be on or after May 15, a special primary election is not held. In this situation, • If the special primary election would be on or before the primary election, the deadline to provide notification of candidacy for that office is extended until 25 days before the date of the primary election. • If the special primary election would be after the primary election, current law is unchanged, allowing a political party committee to file a supplemental certificate of nomination under § 3306 of Title 15. If the vacancy is for an office that is not on the general election ballot, the special elections are held as follows: • If the date of the special primary election would be after June 30 and on or before the date of the primary election, the special primary election is held on the day of the primary election and the special general election is held on the day of the general election. • If the date of the special primary election would be after the day of the primary election, the date of the special primary election is 35 to 40 days after the general election and the special general election is held 35 to 40 days later. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Thu, 18 Dec 2025 12:02:09 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141961 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYER-SPONSORED MEETINGS OR COMMUNICATIONS.

This bill prohibits employers from requiring employees to participate in mandatory meetings or communications that are religious or political in nature. This bill also prohibits employers from punishing employees for the refusing to participate in the same. Meetings or communications necessary for their job duties or that are voluntary are excepted. Violators of the bill are subject to civil penalties between $1,000 - $5,000 per violation. ]]> Thu, 18 Dec 2025 12:02:09 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142717 Delaware - Lieu/Substituted AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE 153RD GENERAL ASSEMBLY RELATING TO REMOTE PARTICIPATION IN SPECIAL SESSION.

This House Resolution changes the Rules of the House of Representatives of the 153rd Assembly by permitting remote attendance of members at a special session so long as a quorum of the House is physically present in Dover. Authorization of the Speaker of the House is required for remote participation. Special session is defined for purposes of this rule to mean “a convening of the full House to conduct business during any portion of the calendar year that does not fall between the second Tuesday in January and 5:00 p.m. on the last day of June” and includes a convening of the General Assembly under § 16 of Article III of the Delaware Constitution.]]> Fri, 07 Nov 2025 14:58:10 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142693 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY PROPERTY TAX DATA.

This Act requires all counties to prepare and submit reports on a quarterly basis, documenting the following: 1. Property parcels enrolled in a tax payment plan. 2. Data relating to property assessment appeals. 3. A list of property parcels sold, including their purchased value and assessed value. 4. Property tax revenue collected and distributed to each school district within the county. This Act permits all counties to make quarterly reports for tax liens. This Act expires on January 1, 2028, unless terminated sooner or extended by the General Assembly.]]> Tue, 12 Aug 2025 16:28:42 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142227 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLICATION OF STATE PUBLIC INTEGRITY COMMISSION REPORTS.

This Act ensures that State Public Integrity Commission reports be made available to the public on the Commission's website. ]]> Fri, 27 Jun 2025 14:53:10 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142627 Delaware - Lieu/Substituted 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 120 days after enactment into law. ]]> Fri, 27 Jun 2025 14:53:10 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142643 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MARIJUANA ESTABLISHMENT LICENSES.

This Act provides that the Commissioner may not grant a conversion license or recreational license to a marijuana facility if the location of that facility is contrary to the law of a municipality under § 1351 of this title. Nor may the Commissioner issue such a license if a ordinance or regulation is under consideration in a municipality. This Act also clarifies that the Commissioner must hear complaints in regards to applications for retail licenses or conversion licenses to operate a marijuana retail facility in a neighborhood upon receipt of a petition signed by at least 10 residents of the same neighborhood. Section 2 of the Act allows the Commissioner to suspend a license issued prior to the passage of this Act to allow a licensee to come into compliance.]]> Fri, 27 Jun 2025 14:53:10 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142501 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

Like House Bill 111, this Substitute prohibits food establishments from providing any single-use food service items, whether plastic or not, unless specifically requested by a customer. This Substitute also exempts nonprofit organizations and schools from the definition of food establishment, and adds civil fines for third and subsequent violations of Chapter 30Q of Title 16. This Substitute does not include the requirement for a written warning and correction period for core violations that was included in House Bill 111, but does specify that for first and second violations of the chapter, the Secretary must issue written warnings. These penalties take effect 2 years after enactment to allow time for businesses to become educated about the requirements of the law, while the remainder of the Act takes effect on January 1, 2026. This Substitute also removes redundant and unnecessary terms from the definitions and body of the bill. Unlike House Bill No. 111, this Substitute does not require third-party food delivery services or platforms to provide options to consumers for requesting single-use food service items. This Substitute also does not allow a food establishment to use information provided by a third-party food delivery service or platform about a customer’s request for single-use food service items as a complete defense in a proceeding to impose an administrative penalty.]]> Thu, 26 Jun 2025 12:45:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142402 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.

This Act 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 with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly]]> Wed, 25 Jun 2025 13:18:08 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142338 Delaware - Lieu/Substituted 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. ]]> Tue, 24 Jun 2025 12:46:25 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142309 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

Similar to HB 70, HS 1 to HB 70 requires that all rental units constructed before January 1, 1978, are certified as lead free or lead safe by a specific deadline. HS1 to HB 70, however, 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. While all owners may request a certificate deferral if lead inspectors or certified contractors are not available, only a small property owner may request a certificate deferral for economic reasons. 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. Beginning July 1, 2028, every rental unit constructed prior to January 1, 1978, shall include a disclosure as to whether the rental unit has been certified as lead safe or lead free. To help small property owners obtain lead certification or remediate their units, 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. 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. This Act take effect immediately and is to be implemented no later than 6 months after its enactment. ]]> Fri, 20 Jun 2025 14:30:40 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142151 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This Act corrects an error in the existing code to clarify that the maximum aggregate number of weeks during which medical leave and family caregiving leave benefits are available is 6 weeks in an application year. This Act also amends existing code to specify that a covered individual is eligible for benefits not more than once in a 12-month period rather than a 24-month period. This Act further 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. ]]> Fri, 20 Jun 2025 14:30:40 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142479 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO OVERPAYMENT RECOVERY AND AUDIT PRACTICES.

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, 18 Jun 2025 12:50:22 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142430 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSING.

This Act establishes a dedicated Child Care Complaint Investigation Unit within the Office of Child Care Licensing, under the Department of Education, to ensure timely, transparent, and accountable responses to complaints involving licensed child care providers. It requires no new funding and is to be implemented within existing staffing and resources.]]> Wed, 18 Jun 2025 12:50:21 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142438 Delaware - Lieu/Substituted 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. - Clarifies the Executive Director's and supporting staffs' hiring process. - Shifts the appointment of 4 Commission members from the Governor to the Commission members who represent governmental entities, to allow for faster appointment of members. - 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. - Adds to the Commission's duties proposing legislation, regulations, and policies relating to monitored facilities. - 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; recommend changes in statute, regulations, and policies to improve the quality of care, quality of life, and safety of residents unable to protect themselves; 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. Finally, this Substitute differs from the original Senate Bill No. 155 in the following ways: - 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.]]> Tue, 17 Jun 2025 20:17:59 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142221 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE FOAM PRODUCTS.

This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale expanded polystyrene foam products, including expanded polystyrene foam food service packaging, expanded polystyrene foam coolers used for cold storage of food, and expanded polystyrene foam loose fill packaging. Expanded polystyrene foam packaging such as single use expanded polystyrene foam food containers or loose fill expanded polystyrene foam products such as packing peanuts are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene foam products, this Act helps to protect the environment from harmful waste. This Act allows for a temporary waiver of the prohibition on expanded polystyrene foam products under either of the following circumstances: 1. There is no feasible or commercially available alternative for a specific expanded polystyrene foam product. 2. The retail store or wholesaler seeking the waiver has less than $500,000 in gross annual income and there is no reasonably affordable, commercially available alternative to the expanded polystyrene foam product. This Act takes effect on January 1, 2027.]]> Tue, 17 Jun 2025 20:17:53 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142157 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RIGHT OF REDEMPTION.

This Act allows tenants who are being evicted for failure to pay rent to remain in their homes if they pay all amounts owed prior to being evicted.]]> Tue, 17 Jun 2025 20:17:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142366 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This bill changes the effective date of the penalty section of the Program to January 1, 2029.]]> Tue, 17 Jun 2025 12:48:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141735 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITION OF THE DEATH PENALTY.

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. The Act also removes reference to “capital offenses” in Section 12 of Article I because that language is inconsistent with a constitutional prohibition on the death penalty. The words “Section 11” and “Section 12” are struck to accord with the passage of a first leg constitutional amendment on technical corrections in the 152nd General Assembly (HB430), and the expected passage of the second leg in the 153rd General Assembly. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Tue, 17 Jun 2025 12:48:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142045 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act adjusts the existing personal income tax brackets and applicable tax rates. Like under House Bill No. 13, under House Substitute No. 1 for HB 13, for taxable years beginning after December 31, 2025, income between $60,000 and $125,000 will continue to be taxed at a rate of 6.6%, but income above $125,000 will be taxed at higher rates. The result of the changes under this Act will be that those with a taxable income of $134,667 or less will see no increase in personal income taxes, with 92% of Delaware taxpayers receiving an overall tax decrease. House Substitute No. 1 for House Bill No. 13 differs from HB 13 as follows: • Creates additional tax brackets for taxable income not in excess of $60,000. • Decreases the tax rate for all tax brackets for taxable income not in excess of $60,000. • Creates 3 additional tax brackets for taxable income above $60,000 instead of 2. In addition, HS 1 for HB 13 is named the “The John Kowalko, Jr., Fairness in Taxation Act”.]]> Tue, 17 Jun 2025 12:48:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142232 Delaware - Lieu/Substituted 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). ]]> Thu, 12 Jun 2025 12:51:31 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142020 Delaware - Lieu/Substituted AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

This Act restricts law enforcement from cooperating with federal agencies conducting immigration enforcement activities at schools or churches without permission from the attorney general. ]]> Thu, 12 Jun 2025 12:51:31 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142391 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT IMPROVEMENT COMPONENT.

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. The pilot must include at least 3 local education agencies and consider factors such as student absences, mobility, and noncompliance that may adversely affect a student’s performance. Participants will be held harmless during the pilot program. The program will expand in 2026-2027 and be implemented statewide in 2027-2028 for all licensed and certified educators.]]> Wed, 11 Jun 2025 19:14:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142346 Delaware - Lieu/Substituted 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 expunged. 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 expunging eviction filings 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 automatically expunge the record of an action in any of the following circumstances: 1. The plaintiff withdrew the complaint. 2. The Court dismissed the plaintiff’s complaint. 3. The final judgment was in favor of the defendant. This Act also provides that the Court must grant an expungement 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, and the defendant has satisfied any monetary award included in the judgment. 2. The parties resolved the action for through a stipulated agreement, and the defendant has complied with the terms of the stipulated agreement. 3. The plaintiff and the defendant have agreed to the expungement. 4. The expungement is clearly in the interests of justice. The Court may not charge a filing fee for a motion to expunge. Once the Court has granted the expungement, the Court has 45 days to effectuate it. An individual whose eviction record has been expunged can answer questions about prior evictions as if the expunged action was never filed. This Act is a Substitute for Senate Bill No. 115 and differs from Senate Bill No. 115 as follows: 1. Provides that under certain circumstances, expungements will be automatically effectuated by the Court. 2. Adds judgment by stipulation to the list of judgments for which expungement is available after 5 years if the defendant has satisfied any monetary award included in the judgment. 3. Creates exceptions that make the expunged records available to the Department of Justice and the defendant in the action. 4. Allows for expunged actions to be available to the public provided that all identifying information is redacted. This will ensure that important case law stemming from summary possession cases will remain accessible. 5. Makes technical corrections. This Act takes effect 6 months after its enactment into law.]]> Wed, 11 Jun 2025 19:14:33 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142321 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.

This Act codifies the standard conditions of probation to be used by the courts and the Department of Correction.]]> Wed, 11 Jun 2025 19:14:12 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142310 Delaware - Lieu/Substituted 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. ]]> Wed, 11 Jun 2025 12:45:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142074 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

This Act prohibits food establishments from providing any single-use food service items, whether plastic or not, unless specifically requested by a customer. This Act also requires a written notice to be provided to a food establishment or third-party delivery service that violates the Skip the Stuff Act allowing the entity to correct the violation within 30 days. This Act is effective on January 1, 2026. ]]> Wed, 11 Jun 2025 12:45:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142351 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE MEDICAL DEBT PROTECTION ACT.

This Act prohibits the reporting of medical debt information to consumer reporting agencies and prohibits any medical debt information that is contained in any consumer report from being used when making decisions regarding someone’s credit, employment, or housing. 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 Jersey, and Virginia.]]> Tue, 10 Jun 2025 20:38:25 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142343 Delaware - Lieu/Substituted 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; and - 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. ]]> Tue, 10 Jun 2025 20:38:19 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142208 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA.

This Act sets forth requirements and restrictions for the manufacture, distribution, and sale of THC-infused beverages in this State. This Act allows manufacturers to operate in Delaware with authorization, and sets forth manufacturing and product requirements. Out-of-state and in-state manufacturers must deliver their infused beverages to licensed importers, who must comply with notice and testing requirements before the infused beverages can be transported from an importer’s warehouse to package stores for sale, and must keep detailed records of their shipments. Package stores may obtain authorization to sell infused beverages for off-premises consumption, and must comply with requirements concerning the placement of infused beverages in the store, signage, and packaging criteria. This Act also increases the potential civil penalties for selling marijuana, marijuana products, and infused beverages to individuals under 21, allowing a fine of up to $10,000 for subsequent offenses within 5 years. Additionally, for violations of provisions of Title 4 pertaining to infused beverages, an administrative civil penalty may be imposed of the greater $250 or up to 10 percent of the estimated average gross monthly sales of infused beverages for the operations of a licensee within 12 months preceding the date the penalty is imposed. This Act also updates outdated provisions of code and 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 § 11 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 impose or levy a tax or license fee.]]> Tue, 10 Jun 2025 13:00:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142149 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

HS 1 to HB 42 adds provisions to Title 21 to better regulate and enforce accessible parking spaces in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored because of a lack of enforcement. To that end, this Act largely adopts federal design and construction requirements under the Americans with Disabilities Act (ADA) and requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with accessibility 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 comply with the design and construction requirements of this Act. 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. This Act does create a new state requirement that 1 of every 3 accessible parking spaces be van accessible in large parking lots. Under the ADA, only 1 of every 6 accessible parking spaces must be van accessible in large parking lots. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating Title 21’s new accessible parking space requirements, including the requirement that property owners obtain a permit and that the permitting agency verify that the new or modified accessible parking spaces is compliant with the law. HS1 to HB 42 differs from HB 42 in that it requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. It also clarifies that this Act does not apply to on-street parking.]]> Tue, 10 Jun 2025 13:00:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142291 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MULTILEVEL DISTRIBUTION COMPANIES.

This Act defines a multilevel distribution company and multilevel marketing program for purposes of this Subchapter. It sets forth mandatory disclosures that must be made by a multilevel distribution company to any potential purchaser that discloses details about the company, sometimes based on certain representations that the company makes. It sets forth that a multilevel distribution company may not require a participant in its marketing program to buy a good or service or pay any other consideration to participate in the marketing program unless it agrees to repurchase the goods, under certain conditions. It permits a civil penalty to be imposed for violations of the required disclosures. It provides a private right of action for violation of the repurchase requirement, including treble damages, attorneys’ fees and costs to be awarded for a prevailing plaintiff. ]]> Tue, 10 Jun 2025 13:00:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142302 Delaware - Lieu/Substituted 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 course on financial literacy. And, beginning with students entering grade 9 in the 2026 through 2027 school year, successful completion of the course will be required to obtain a high school diploma. This Act requires the course to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education. ]]> Tue, 10 Jun 2025 13:00:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142234 Delaware - Lieu/Substituted 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.]]> Fri, 06 Jun 2025 12:00:57 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142329 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. The right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage. Senate Substitute No. 1 for Senate Bill No. 100 differs from Senate Bill No. 100 by connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution on the basis of race, color, national origin, or sex. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Thu, 05 Jun 2025 16:39:20 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142330 Delaware - Lieu/Substituted 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. - Clarifies the Executive Director's and supporting staffs' hiring process. - Shifts the appointment of 4 Commission members from the Governor to the Commission members who represent governmental entities, to allow for faster appointment of members. - 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. - Adds to the Commission's duties proposing legislation, regulations, and policies relating to long-term care facilities. - 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 long-term care facilities; work with other agencies and groups to promote systemic reform; recommend changes in statute, regulations, and policies to improve the quality of care, quality of life, and safety of residents unable to protect themselves; 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. ]]> Thu, 05 Jun 2025 11:13:52 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142276 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.

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 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 and to clarify the meaning of § 774 of Title 11. ]]> Thu, 05 Jun 2025 11:13:45 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142174 Delaware - Lieu/Substituted 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 current employees and for 3 years after the departure of an employee. 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.]]> Thu, 05 Jun 2025 11:10:05 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142293 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIABETES WELLNESS PILOT PROGRAM WITHIN THE DEPARTMENT OF HUMAN RESOURCES TO STUDY PREDIABETIC AND DIABETIC WELL CARE.

This Act provides a roadmap via an observational study on a small but representative group of diabetic or prediabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic or prediabetic patients and their providers to improve the health outcomes for Delawareans and drive down health care costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded. ]]> Thu, 05 Jun 2025 11:10:05 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142252 Delaware - Lieu/Substituted 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.]]> Thu, 05 Jun 2025 11:10:04 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142197 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.

This Act 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. These hearings can be emotional burdens for families and covered persons, can delay the adjudication of the claim, and are costly for the Department of Insurance to conduct. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.]]> Thu, 05 Jun 2025 11:10:04 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142245 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REVERSE AUCTIONS.

Under Chapter 69 of Title 29, 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 seeks to modernize the definition of reverse auctions and allows for the Section to use reverse auctions in the procurement of professional services.]]> Thu, 22 May 2025 10:13:52 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142244 Delaware - Lieu/Substituted 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 Joint Resolution 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 pharacuetical drug benefit plans for the State. The Resolution requests the SEBC consider all of the following: 1. Drug cost transparency. 2. Adoption of a Pharmacy and Therapeutics Committee. 3. Any other supply chain tactics such as a reverse auction or transparency committee. 4. Formation of intra-state compacts with other states. 5. Paying similar prices for drugs paid by Medicare. 6. Require PBMs disclose administrative expenses for all pharmaceutical drugs. 7. Require PBMs to bid based on lowest pricing sources, not average wholesale price. 8. Require that all written agreements between the SEBC and PBMs that the SEBC is entitled to see the agreements between PBMs and pharmaceutical companies when those agreements the drug plans contracted on behalf of the SEBC. 9. Consider use of audits when the SEBC believes it should be entitled to information on the basis of transparency or clarity. The Resolution further directs the SEBC to prepare a report by December 1, 2025, to summarize any difficulties in implementing any of these policies.]]> Wed, 21 May 2025 17:06:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142156 Delaware - Lieu/Substituted 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 expunged. Being the subject of an eviction filing can prevent an individual from securing housing for years after any judgement 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 thus linger for years after an eviction filing, and trap individuals – including many children and families – in a cycle of poverty and housing insecurity. The effects are particularly acute among already marginalized groups, such as Black and female renters. By expunging eviction filings when an individual has met certain requirements, this Act will help break down barriers to stable housing and economic security. Several states have already taken similar measures. In Minnesota, eviction expungement is mandatory after 3 years, and can occur even earlier under certain circumstances. In Oregon, an individual may file a motion for expungement after 5 years or if they entered into a stipulated agreement, provided they have paid off any monetary award included in the judgment or stipulation. An individual in Oregon may also be granted an expungement if the eviction case ended in a dismissal, if the court found in the individual’s favor, or if the eviction judgement occurred during the COVID-19 crisis. Other states that have or are considering eviction expungement laws include California, Indiana, and Nevada. Under this Act, an applicant for an expungement will be granted an expungement if the court in which the original eviction action was filed finds any of the following: 1. The judgment against the defendant was a judgment on the merits or a default judgment, 5 or more years have passed since the judgment was entered, and the defendant has satisfied any monetary award included in the judgment. 2. The judgment was entered on stipulation of the parties, and the defendant has complied with the terms of the stipulated agreement and satisfied any monetary award included in the judgment. 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 expungement. 7. The expungement is clearly in the interest of justice and that interest is not outweighed by the public’s interest in knowing about the action. Once the court has granted an expungement, the court has 45 days to effectuate that expungement by ensuring that the record of the action is no longer available to the public or the parties, except that the court must give the defendant a certified copy of the record before the record is expunged. An individual whose eviction record has been expunged can answer questions about prior evictions as if the expunged eviction action was never filed. This Act takes effect 6 months after its enactment into law.]]> Tue, 20 May 2025 18:48:45 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141856 Delaware - Lieu/Substituted 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.]]> Tue, 20 May 2025 18:48:37 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142014 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

This Act is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act. 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 ½ of their sentence with a 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 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 incarcerated 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 incarcerated for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may apply to the court for a sentence modification. 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 to be heard. This Act takes effect 180 days after the Act’s enactment into law. ]]> Tue, 20 May 2025 14:04:02 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142088 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.

This bill denies retirement and disability benefits to Education employees if they were convicted of sexual abuse of a child, sexual solicitation of a child, or promoting sexual solicitation of a child. It also clarifies that benefits will be denied if an individual is under indictment for such offenses and remains outside the United States for more than 1 month to avoid prosecution.]]> Tue, 20 May 2025 12:35:15 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142036 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. The right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Fri, 16 May 2025 14:13:59 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141820 Delaware - Lieu/Substituted AN ACT TO AMEND THE CHARTER OF THE CITY OF HARRINGTON RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

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 takes effect retroactively beginning on March 4, 2024. The City Council adopted an ordinance to collect a lodging tax on March 4, 2024, and the ordinance does not apply to reservations or contracts for lodging executed or completed before the effective date of the ordinance. 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.]]> Thu, 15 May 2025 15:42:06 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141902 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

This Act requires that all rental units constructed before January 1, 1978, are certified as lead free or lead safe by a specific deadline. Lead inspectors must be approved by the State to conduct inspections and if necessary, lead abatement and remediation. A certificate exemption may be issued for no more than 6 months. 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. Beginning July 1, 2028, every rental until constructed prior to January 1, 1978, shall include a disclosure as to whether the rental unit has been certified as lead safe or lead free. To help eligible landlords obtain lead certification or remediate their units, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants shall be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. This Act also 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. This Act also does the following: (1) 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. (2) 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. (3) 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. This Act take effect 6 months after notice is given by the Secretary of DHSS that final regulations have been adopted and sufficient funding is available. ]]> Thu, 15 May 2025 13:16:14 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142173 Delaware - Lieu/Substituted 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. ]]> Wed, 14 May 2025 12:28:54 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141863 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.

This Act provides a remedy for convicted persons relating to changes in forensic scientific or technical information. Specifically, a convicted person may apply to the Superior Court for relief if certain forensic scientific information was not available to be offered by the convicted person prior to the conviction or if it undermines forensic scientific evidence that was presented at trial. The court may grant relief if (1) the convicted person files an application asserting that the relevant forensic evidence is currently available and was not ascertainable through the exercise of reasonable diligence by the convicted person before or during trial or before the date of entry of a plea, and (2) the court determines that, had the evidence been presented at a trial, there is a reasonable likelihood that the result at trial would have been different or that the convicted person would not have been convicted. Once a petition for relief is filed, the Superior Court shall set a hearing on the petition, not later than 90 days after the petition was filed, and notify the petitioner and the Department of Justice. The Department of Justice may file a response to the petition within 30 days after its filing. After the hearing, if the court determines that the petitioner has failed to make a prima facie showing that the petitioner is entitled to relief, the court will dismiss the petition in a written opinion. However, if the court determines that the petitioner has made a prima facie showing that the petitioner is entitled to relief, the court shall grant the petitioner discovery on matters relating to the forensic evidence used to obtain the conviction or sentence at issue and hold another hearing to determine whether there is a reasonable likelihood that, had the new evidence been presented at a trial, the convicted person would not have been convicted. If so, the court shall vacate the petitioner's conviction and grant the petitioner's motion for a new trial. For purposes of the Act, "convicted person" means a person who has received a verdict of guilty by the trier of fact, entered a plea of guilty or a plea of nolo contendere that was accepted by the court, or received a verdict of not guilty by reason of insanity. ]]> Wed, 14 May 2025 11:31:12 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141864 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.

This Act updates Title 11 of the Delaware Code concerning postconviction remedies relating to DNA testing and DNA evidence. Specifically, the Act removes the limitations currently in the Delaware Code (1) that a person convicted of a crime must seek DNA testing within 3 years after the conviction is final and (2) that a person convicted of a crime may not seek DNA testing or a new trial based on DNA evidence if direct appellate review is available. In addition, the Act requires the court to grant a motion for the performance of DNA testing if certain criteria are satisfied. The Act also permits persons who entered a guilty plea, in addition to persons convicted of a crime, to seek DNA testing, and allows for DNA testing where evidence was previously subjected to testing but additional testing of that evidence provides a reasonable likelihood of results that are more probative. The Act changes the standard applicable to a motion for a new trial based on DNA evidence. Instead of requiring a showing by clear and convincing evidence that no reasonable trier of fact would have convicted the person, under the Act, a reasonable probability that no reasonable trier of fact would have convicted the person must be established. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 14 May 2025 11:31:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141991 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCEEDINGS.

This Act creates a right to free legal counsel for certain relatives seeking to terminate parental rights and adopt a child in the relative’s family who has been in the custody of the Department of Services for Children, Youth and Their Families (“Department”). The right to free legal counsel applies at all stages of the termination of parental rights and adoption proceedings, including any appeals. This Act also requires the Department to prepare and file the social study and report that is a required part of the termination of parental rights and adoption process at no cost to the relative. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Tue, 13 May 2025 18:25:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142128 Delaware - Lieu/Substituted 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 creating 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 without a probate procedure. 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 deed. 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 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 also makes the following changes to the uniform law and Delaware law: (1) Provides clarity that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same 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 property has transferred to the beneficiary by transfer on death deed. (4) Authorizes a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by 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 property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifies that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Under Section 4 of this Act, clarifies that the Register of Wills is to furnish the Board of Assessment information related to the property, and the beneficiary of the property, that is transferred by a transfer on death deed. (8) A number of states have adopted laws to ensure that property subject to a transfer on death deed remains covered by insurance for a period of time after the death of the insured, to enable the beneficiary of the transfer on death deed time to obtain insurance. Section 5 of this Act ensures that when Delaware adopts the Uniform Real Property Transfer on Death Act, beneficiaries of a transfer on death deed have insurance coverage for a period of time up to 60 days following the death of the original owner of the property. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 13 May 2025 13:16:22 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142105 Delaware - Lieu/Substituted 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 (those eligible to participate in the Low Income Home Energy Assistance Program), provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. The cost of credits and incremental administrative costs to manage the program would be deferred to a regulatory asset and recovered via a surcharge applicable to all customer classes. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility. 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.]]> Tue, 13 May 2025 12:19:20 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142164 Delaware - Lieu/Substituted 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. ]]> Wed, 07 May 2025 18:48:18 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141767 Delaware - Lieu/Substituted 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. This Act 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. 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 back 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, 07 May 2025 18:47:42 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142117 Delaware - Lieu/Substituted 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.]]> Tue, 06 May 2025 18:07:54 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142087 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.

This Act expands the definition of “patient-practitioner relationship” to include practitioners and patients, that provide and seek treatment for, opioid use disorder as defined in § 6003 of Title 24. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 06 May 2025 18:07:46 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142147 Delaware - Lieu/Substituted 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.]]> Tue, 06 May 2025 12:09:13 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141997 Delaware - Lieu/Substituted 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 in all postings for job opportunities, both internally and externally. Employers are required to maintain records relating to job descriptions and wage rates for current employees and for 3 years after the departure of an employee. The Department of Labor may bring an administrative action to enforce the pay transparency provision. The requirements of this Act do not apply to employers with 10 or fewer employees. The Act takes effect 1 year after its enactment. ]]> Thu, 01 May 2025 11:59:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142025 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person. (2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence if the officer is operating a police vehicle equipped with emergency lights and a siren. (3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle. (5) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.]]> Thu, 01 May 2025 11:59:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141880 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

This Act adds provisions to Title 21 to better regulate, define, and enforce accessible parking spaces in Delaware. This Act expands on those design and construction rules required by the Americans with Disabilities Act, and its implementing regulations, to provide additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. When constructing or altering accessible parking spaces, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with these new requirements. 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 comply with the design and construction requirements of this Act. 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. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating Title 21’s new accessible parking space requirements, including the requirement that property owners obtain a permit and that the permitting agency verify that the new or modified accessible parking spaces is compliant with the law.]]> Thu, 17 Apr 2025 12:38:14 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142003 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

This Act makes a student who is ineligible for a free or reduced-price breakfast and lunch under federal law due to household income eligible for a free school breakfast and lunch if that student’s household income is at or below 225% of the federal poverty level. Under federal law, a student is eligible for a free school breakfast and lunch if that student’s household income is at or below 130% of the federal poverty level. HS 2 for HB 125, from the 152nd General Assembly, further expanded student eligibility for a free school meal for Delaware students whose household incomes are between 130% and 185% of the federal poverty level. This Act further expands eligibility for free school meals if that student’s household income is at or below 225% of the federal poverty level. The Department of Education shall reimburse a public school providing a free school breakfast and lunch under this Act. Reimbursements will be equal to the difference between the federal paid reimbursement rate and the federal free reimbursement rate. 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. ]]> Thu, 17 Apr 2025 12:38:14 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141882 Delaware - Lieu/Substituted 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.]]> Tue, 15 Apr 2025 13:06:26 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141733 Delaware - Lieu/Substituted 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. Employees of the Department in supervisory positions are required to be veterans. For non-supervisory and casual/seasonal positions, non-veterans may be hired when a qualified veteran is not available. 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 Department will assume the assets, liabilities, and contracts of the Commission on the Act’s effective date. 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.]]> Thu, 10 Apr 2025 12:53:06 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141862 Delaware - Lieu/Substituted AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE.

This Act addresses energy costs to consumers by redirecting certain funds to supplement the existing Low Income Home Energy Assistance Program and by creating the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. 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. This Act sunsets 3 years after its enactment.]]> Thu, 10 Apr 2025 12:53:05 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141741 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and provide an absolute right to vote by absentee ballot without an excuse. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022). Although Section 1 of this Act creates an absolute right to vote by absentee ballot without an excuse, a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status. This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Act adopts most of those reasons. For each election in which a qualified voter votes by absentee ballot under a permanent absentee status, the qualified voter must take an oath or affirmation that the qualified voter remains eligible for permanent absentee status. Section 2 of this Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation otherwise required under Section 3 of Article V of the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution]]> Wed, 09 Apr 2025 19:32:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141742 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of a constitutional amendment to specifically authorize early, in-person voting for the general election, a primary election, and a special election filling a vacancy in the General Assembly. This Act provides that early, in-person voting is to occur on 10 calendar days before the date of the general election, primary election, and special election, including the Saturday and Sunday immediately before the election. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Wed, 09 Apr 2025 19:32:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141960 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEETINGS.

This Act requires school boards to allow members to attend school board meetings by a remote method under certain limited circumstances relating to health or military deployments. A school board member attending by electronic means under this legislation would count towards quorum and be able to vote as though physically present. ]]> Thu, 03 Apr 2025 11:13:33 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141849 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PLAY-BASED LEARNING IN EARLY CHILDHOOD EDUCATION.

This Act permits early childhood educators in the public schools to use and encourage play-based learning in preschool, kindergarten, and grades 1 through 3 in their classrooms and in their curriculum. Play-based learning is defined as any learning activity that is performed by a child for self-amusement that has behavioral, social, and psychomotor rewards. Play-based learning also means activities that are child-directed, joyful, and spontaneous whereby the rewards come from the individual child. 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.]]> Thu, 03 Apr 2025 11:13:33 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141813 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act adjusts the existing tax brackets and the tax rate for each bracket, combining some existing brackets and creating 2 new brackets. The 2 new brackets are taxed at the highest rates, but by combining some existing brackets, this Act also slightly increases or decreases the tax rate for some incomes. Under current law, taxable income in excess of $60,000 is taxed at a rate of 6.6%. Under this Act, for taxable years beginning after December 31, 2025, income between $60,000 and $125,000 will continue to be taxed at a rate of 6.6%, but income above $125,000 will be taxed as follows: 1. In excess of $125,000 but not in excess of $250,000, at 6.75%. 2. In excess of $250,000, at 6.95%.]]> Thu, 03 Apr 2025 11:13:33 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141873 Delaware - Lieu/Substituted 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, 2025 and child-serving entities and private schools must comply with the requirements by September 1, 2025.]]> Tue, 25 Mar 2025 12:43:31 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141879 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY.

This Act 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. ]]> Mon, 24 Mar 2025 15:43:46 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141894 Delaware - Lieu/Substituted 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 by largely 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 AM to 4 PM, Monday through Thursday. 2. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 3. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 95 degrees Fahrenheit. 4. Prohibits a utility company from terminating heating services to a dwelling for nonpayment during the winter if the occupant is a recipient of LIHEAP, SSI, POC, OR TANF. 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, or another preferred method, prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 PM. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, or another preferred method, 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. ]]> Thu, 20 Mar 2025 12:41:48 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141907 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.

This Act requires minors under the age of 16 obtain parental consent before undergoing an abortion, except in cases of medical emergency or if the Family Court adjudicates that the minor is mature and well-informed enough to make the decision independently, or obtaining parental consent is not in the best interest of the minor, such as in cases of abuse, neglect, or coercion. ]]> Tue, 18 Mar 2025 12:49:21 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141877 Delaware - Lieu/Substituted 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 not subject to child care licensing requirements under this chapter, but rather 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.]]> Thu, 13 Mar 2025 12:37:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141857 Delaware - Lieu/Substituted 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 ratified by a majority of the disinterested directors or 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. 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 approved or recommended, as applicable, by a committee consisting of a majority of disinterested directors or 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 committee consisting of a majority of disinterested directors and approved or ratified by a vote of a majority of the votes cast by the disinterested stockholders entitled to vote thereon. 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. The amendments do not displace any safe harbor procedures or other protections available at 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. 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.]]> Wed, 12 Mar 2025 11:15:14 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141794 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.

Twenty-six states presently allow first cousin marriages. No European country prohibits marriages between first cousins. It is also legal throughout Canada and Mexico. This Act amends Delaware’s marriage laws by recognizing a valid marriage obtained or recognized outside Delaware, between first cousins, as a valid and legal marriage in Delaware.]]> Thu, 06 Mar 2025 12:00:14 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141830 Delaware - Lieu/Substituted AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

This Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Thu, 06 Mar 2025 11:00:31 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141829 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.

This Act is a substitute for Senate Bill No. 41. Both this Act and SB 41 ban the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains Red dye 3 (CAS no. 16423-68-0). After the release of SB 41, the Food and Drug Administration (FDA) revoked the authorization to use Red dye 3 in food and ingested drugs under the Delaney Clause of the federal Food, Drug, and Cosmetic Act. The Delaney Clause prohibits FDA authorization of a food or color additive if it has been found to induce cancer in humans or animals. This substitute retains the prohibition against Red dye 3 in food products to ensure it will remain banned in the State of Delaware. This Act differs from SB 41 by: (1) Adding and defining the term “color additive”. (2) Banning the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains the color additive, Red dye 40 (CAS no. 25956-17-6). Red dye 40 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. As with Red dye 3, 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”. In addition to banning Red dye 3, California became the first state to prohibit the provision of and sale of foods in schools that contain Red dye 40. Presently, 9 other states have introduced legislation to ban, limit, or require warning labels on food products containing Red dye 40. (3) Changing the effective date of this Act to January 15, 2027, to align with the date by which Red dye 3 must be removed from foods under federal law. The penalty provisions remain the same in this substitute; any person that violates this Act is subject to a civil penalty as follows: (1) For a first occurrence, not to exceed $5,000, in addition to costs. (2) For a subsequent occurrence, not to exceed $10,000, in addition to costs. Each day on which a violation of this Act occurs constitutes a separate occurrence.]]> Thu, 20 Feb 2025 14:06:54 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=141764 Delaware - Lieu/Substituted AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.

This Act bans the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains Red dye 3 (CAS no. 16423-68-0). For purposes of this chapter and section, food includes drink, ice, confectionary, and condiments. Red dye 3 is a color additive made from petroleum that gives foods a bright cherry-red color. Any person that violates this Act is subject to a civil penalty as follows: (1) For a first occurrence, not to exceed $5,000, in addition to costs. (2) For a subsequent occurrence, not to exceed $10,000, in addition to costs. Each day on which a violation of this Act occurs constitutes a separate occurrence. In 2023, California became the first state to ban Red dye 3. Since then, 10 other states have introduced legislation to ban this dye, including our neighboring states of Maryland, New Jersey, and Pennsylvania. The Food and Drug Administration (FDA) received a petition in November 2022 calling on them to ban Red dye 3. The petition is actively pending consideration. The FDA has not yet issued a decision. Red dye 3, also labeled Red 3 or FD&C Red No. 3, is a synthetic additive used to color food and drink that has been linked to behavioral concerns in children and cancer. Red dye 3 is in thousands of foods, including those marketed to children. The U.S. Department of Agriculture’s Branded Foods Database at FoodData Central identified 9,201 U.S. food products that contain Red dye 3, including hundreds of products made by the country’s biggest food companies. However, Red dye 3 does not need to be in our food supply. Companies could replace Red dye 3 with natural colors from foods like beets, red cabbage, or black currants, or could simply leave it out entirely. Red dye 3 is added to food only to make it look more appealing. This Act takes effect on October 1, 2027, which is 9 months after California’s ban will go into effect. ]]> Tue, 28 Jan 2025 18:56:35 -0500 153