http://www.legis.delaware.gov/ Legislation Out of Comittee with the State of Delaware en-us Thu, 26 Mar 2026 18:13:54 -0400 https://www.legis.delaware.gov/BillDetail?legislationId=143024 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROJECT LABOR AGREEMENTS FOR SCHOOL DISTRICT PUBLIC WORKS CONTRACTS.

This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.]]> Thu, 16 Apr 2026 14:05:55 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142918 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE STATE FARMLAND VALUATION ADVISORY COMMITTEE.

This Act increases the voting membership of the State Farmland Advisory Committee from 3 members to 7 members. The Act also adds 3 non-voting members to the Committee who are officials with the Assessment Divisions/Departments of New Castle, Kent, and Sussex Counties. The Delaware State Department of Finance shall provide reasonable staff support to assist the Committee in performing its duties. The Committee shall, at least once every 2 years, review its valuation formula and methodology utilized to determine the ranges of fair values for agricultural, horticultural, and forestry land and make such changes and revisions as are required to ensure that the objectives of the Act are met. The formula used by the Committee shall be based on not less than the preceding 20 years of land values. The Committee must publish an annual report containing its determinations and any review of its farmland valuation formula and methodology.]]> Thu, 16 Apr 2026 14:05:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143079 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

This Act makes technical corrections to the Department of Finance’s existing background check authority to ensure 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. Although the intended impact is the same, this Substitute uses different language than House Bill No. 323 based on feedback from the State Bureau of Identification and DELJIS.]]> Wed, 15 Apr 2026 17:28:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143069 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 5, TITLE 6, TITLE 8, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FEES AND TAXES ADMINISTERED BY THE SECRETARY OF STATE.

This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees will take effect on August 1, 2026, however changes to the partnership, limited partnership, and limited liability company annual tax and changes to the annual tax on registered series of limited partnerships and limited liability companies will take effect on January 1, 2026. This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of a tax levied by the State. ]]> Wed, 15 Apr 2026 17:28:15 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143068 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ECONOMIC & FINANCIAL ADVISORY COUNCIL TO BE KNOWN AS THE DUPONT-COOK FINANCIAL RESPONSIBILITY ACT.

This Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which has existed by Executive Order since 1977. It is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s current structure while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. Two members are appointed by the Speaker of the House from each caucus and 2 members are appointed by the Senate President from each caucus. The remainder are appointed by the Governor from the public and private sector.  The Governor must appoint at least 12 members to DEFAC. The following serve as ex officio members: the Controller General, Director of the OMB, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of DHSS, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other such occasions as deemed necessary by the Governor or the Chairperson. (2) Serve in a general advisory capacity to the Governor and the Department of Finance. (3) Advise the Governor, the Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware; (b) Current and projected economic conditions and trends, particularly as they effect the expenditures and revenues of the State, its citizens, and its major industries; and (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, by such dates as required by § 6534(a) of Title 29, General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform such other duties and responsibilities imposed upon it by the Delaware Code. (7) Prepare an annual report, summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and the General Assembly. The DEFAC Healthcare Spending Benchmark Subcommittee is also established. State agencies must provide DEFAC financial and staffing support, as determined appropriate by the Secretary of Finance. ]]> Wed, 15 Apr 2026 17:27:56 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142980 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY REGULATIONS.

This Act includes changes to align the editorial powers of the Registrar with the Delaware Code editors related to removing gendered language from regulations when the intended meaning is clear. This Act revises the submission and publication schedule of the Register of Regulations to provide more consistent review and processing times to the Registrar, which will allow for more effective interaction with promulgating agencies and more efficient distribution of the Registrar's workload. This Act also removes language requiring the antiquated practice of providing copies of the Register of Regulations to 2 state daily newspapers. The Register of Regulations will continue to be published online for the public and copies will be provided, upon request, to the public, law libraries and public libraries in this state, and the Director of the Division of Libraries. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 15 Apr 2026 17:27:38 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142930 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROCEDURE FOR DISSEMINATION TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.

This Act amends the procedure for disseminating to the public a proposed amendment to the Delaware Constitution by eliminating the requirement that the dissemination through publication in a newspaper. Removing this requirement is expected to result in cost savings for the State, while still requiring the posting on state websites to ensure continued public accessibility.]]> Wed, 15 Apr 2026 17:27:21 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142931 Delaware House - Out of Committee Legislation AN ACT PROPOSING AMENDMENTS TO THE DELAWARE CONSTITUTION RELATING TO TECHNICAL CORRECTIONS.

This Act is the first leg of an amendment to the Delaware Constitution to do the following: (1) Make certain limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly. (2) Make necessary technical corrections identified by the Code Revisors and the Division of Legislative Services during the incorporation of amendments to the Delaware Constitution enacted during the first session of the 153rd General Assembly. Specifically, Section 1 of this Act authorizes a single General Assembly to make the following limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly if the amendment is agreed to by three-fourths of all the members elected to each House: (1) Change reference numbers to agree with renumbered Articles, Sections, subsections, or paragraphs. (2) Substitute the proper Article, Section, subsection, or paragraph designation for “this Act,” “the preceding section”, or similar references. (3) Ensure numbers are written in their numerical form rather than word form. (4) Change capitalization for the purpose of uniformity. (5) Correct manifest typographical and grammatical errors. (6) Use gender silent techniques to ensure that a masculine or feminine pronoun is not used except when it only applies to 1 gender. (7) Make corrections needed following the enactment of 2 or more amendments to the same provision of this Constitution that result in grammatically incorrect language or do not fulfill the intent of one or more of the amendments. (8) Make any other purely formal or clerical change. These types of changes are intended to be consistent with the Code Revisors’ editorial duties and powers related to the Delaware Code. Additionally, Sections 2 through 12 of this Act makes the following specific technical corrections: (1) In Sections 2 and 3 of this Act, makes changes to §§ 17A and 17 B of Article II by removing an unnecessary “by” before “fraternal societies” in both Sections (lines 6 and 17), adding “Internal” to clarify in both Sections that the cited provision is in the Internal Revenue Code (lines 10 and 22, and making changes in Section 2 to ensure consistency with similar language in Section 3 (lines 10 and 11). (2) In Section 4 of this Act, amends § 10 of Article III to correct errors caused by the enactment of House Bill No. 10 (153rd General Assembly) and Senate Bill No. 15 (153rd General Assembly) (lines 29 to 30). (3) In Section 5 of this Act, amends § 19 of Article III to add a comma (line 35). (4) In Section 6 of this Act, amends § 35 of Article IV remove unnecessary commas and add an Oxford comma (lines 42, 46, and 51). (5) In Section 7 of this Act, amends § 37 of Article IV to remove a duplicate “the” (line 59). (6) In Section 8 of this Act, amends § 1 of Article V to remove a duplicate comma (line 67). (7) In Section 9 of this Act, amends § 4 of Article V to remove a duplicate “the” (line 76). (8) In Section 10 of this Act, amends § 8 of Article V to remove an unnecessary “and” (line 125) and to add subsection designations to § 8 to increase readability and enable pinpoint amendments in the future. (9) In Section 11 of this Act, amends § 10 of Article VIII to remove a duplicate “an act” (line 144). (10) In Section 12 of this Act, amends § 2 of Article IX to add a “the” (line 148). Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]> Wed, 15 Apr 2026 17:26:57 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142958 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CERTIFICATE OF ARTS EXCELLENCE.

According to the Arts Education Partnership, 27 states currently include arts course credits as a requirement for high school graduation, and several states have implemented diploma seals or similar recognition programs to incentivize participation. This Act directs the Department of Education to establish the Delaware Certificate of Arts Excellence to recognize high school students who demonstrate sustained engagement and achievement in the arts. Establishing a similar program in Delaware could help increase arts enrollment, elevate the value of arts education, and support students interested in pursuing creative professions. ]]> Wed, 15 Apr 2026 17:26:41 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142916 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BULLYING.

This Act revises the parent notification requirements for school bullying policies by repealing the requirement that notification be made using a form generated by the Department of Justice (DOJ). This change conforms to DOJ’s current practices and procedures related to involvement with student behavior issues. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 15 Apr 2026 17:26:24 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143049 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC SCHOOL REGISTRATION PROCESS.

This Act removes a requirement for a parent to provide a birth certificate as part of the uniform public school registration process. A parent may instead provide other proof of age or date of birth.]]> Wed, 15 Apr 2026 17:26:07 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142765 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO READING COMPETENCY.

This Act provides that each school district and charter school must report three times a year, instead of annually, to the Department of Education, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to mandated literary screening, and the literacy intervention approaches being provided. ]]> Wed, 15 Apr 2026 17:25:48 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142763 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO TRAINING AND APPRENTICESHIP PROGRAMS.

This Act removes the Department of Education from the process related to funding for apprenticeships, as this is administered through the Department of Labor. ]]> Wed, 15 Apr 2026 17:25:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142760 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRANSPORTATION OF PUPILS.

This Act amends Title 14 to provide the Department of Education the authority to adopt rules and regulations regarding the transportation of public school students.]]> Wed, 15 Apr 2026 17:25:22 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143009 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM ASSIGNMENT FOR BENEFIT OF CREDITORS ACT.

With only minor modifications consistent with Delaware law and practice, this Act adopts the Uniform Assignment for Benefit of Creditors Act (the “Uniform 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 Act was approved by the Uniform Law Commission in October 2025 and, as of March 2026, has been enacted in Nebraska and Utah and introduced in Alabama, Arizona, Colorado, Iowa, and Oklahoma. Because this Act adopts the Uniform Act with only minor modifications, the “Comments” to the Uniform Act may be deemed to be persuasive authority in interpreting this Act; provided, however, that the second and third sentences of the Comment to Section 2 of the Uniform Act shall instead be deemed to read as follows: “If an asset is not assignable by its terms or under other law, that asset is not part of the assignment estate unless either any required consent is obtained or other law overrides the anti-assignment provision. This Uniform Act does not preclude the assignee from negotiating with any person whose consent is required for an assignment to obtain its consent for the assignment of an asset.” This Act provides for the use of an assignment for benefit of creditors (an “ABC”), which is an efficient and flexible state law mechanism to wind up a distressed business. Although the use of an ABC to liquidate the assets of a failing business is rooted in the common law, the various states have significant differences in their statutes or common law of ABCs and Delaware’s statute has few details, was enacted many decades ago, and has not subsequently been revised. This inconsistency and lack of detail leads to significant variance throughout the country in the utility of ABCs and the frequency with which ABCs are used. This Act addresses this gap in the law by cementing the common law in statute and providing updates that modernize the law and provide clarity to assignors, assignees, and creditors alike. In an ABC, a financially distressed business, called an “assignor,” transfers control of all of its assets to an “assignee,” who acts as a fiduciary for the business’s creditors. The assignee liquidates the business’s assets and distributes the proceeds to the business’s creditors. These proceeds go towards payment of the creditors’ claims against the assignor. This Act creates a state law alternative to other procedures available to the assignor for winding up its business and provides benefits that are not available through a federal bankruptcy case or a state or federal law receivership. In many cases, an ABC will be more flexible, quicker, and less costly than the other alternatives. An ABC may be an improvement on these alternatives in certain situations in significant ways: (1) it is debtor-initiated; (2) it provides assurances to creditors by imposing fiduciary duties upon the assignee; (3) it aims to maximize the value of the business’s assets for the benefit of all creditors; and (4) it encourages cooperation between the distressed business and the creditors by aligning these parties’ goals. This Act’s roadmap for ABCs clearly establishes: (1) The persons eligible to be assignors and the qualifications for assignees; (2) The relationship between an ABC under this Act and existing federal and state statutes, including the Bankruptcy Code; (3) The contents of the assignment agreement; (4) The effect of an ABC on the assignor’s property interests and the procedure for conveying those assets to the assignee; (5) Procedures for notifying creditors of the ABC and the implications of the opt-out decision; (6) Duties and powers of the assignor and assignee, including limitations on liability; (7) A process for allowing and disputing claims; (8) A waterfall for the distribution of proceeds to secured and unsecured creditors and payment of expenses incurred by the assignee; (9) Procedures for winding up the assignment estate; (10) The extent of recognition of out-of-state transactions and appointment of an ancillary assignee for administration of out-of-state assets; and (11) That a conveyance by an assignor or assignee for the benefit of the assignor’s creditors under this Act is not subject to this State’s realty transfer tax. This Act is intended to replace Delaware’s current ABC law, resulting in the repeal of the current law under Sections 2 through 8 of this Act and provision, under Section 9 of this Act, for the continued application of the current law for existing ABCs made before the effective date of this Act. ]]> Wed, 15 Apr 2026 16:45:42 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142876 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATE OF PUBLIC REVIEW.

This Act repeals the requirement that a person must apply for a certificate of public review prior to the acquisition of major medical equipment. A certificate of public review may still be required if the acquisition meets the capital expenditure threshold under § 9304(a)(2) of Title 16. This Act also makes technical corrections to conform with the Delaware Legislative Drafting Manual and restores a missing word to § 9304(a)(2) of Title 16.]]> Wed, 15 Apr 2026 16:45:21 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143063 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC UTILITIES.

This Act amends Delaware law to provide that electric cooperatives are not required to provide electric supply service to large load electric users with a projected monthly demand of more than 50MW. Electric cooperatives remain obligated to provide supply service to all customers in its service territory using less than 50MW.]]> Wed, 15 Apr 2026 16:45:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143028 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS.

This Act institutes a State nontidal wetlands program to include additional wetlands that are no longer regulated at the federal level. The State wetlands program will cover both tidal and nontidal wetlands, and in that manner fill in gaps in federal jurisdiction under the Clean Water Act and mitigate the uncertainty surrounding the limits to federal jurisdiction and improve efficiencies in the wetland permitting processes. Section 1 of the Act makes a number of changes to Chapter 66 of Title 7 of the Delaware Code: Section 1 adds definitions to § 6603 of Title 7, including for "aquatic habitat functions and services"; "Community Water Access Structure"; "Delaware Wetland Screening Tool," which is a screening tool o be developed in regulations to determine whether an area has the potential to qualify as a wetland; "Exceptional Value Wetlands", which are wetlands that are unique or high functioning, that support flora or fauna that are endangered or threatened, that are located in public water supply Source Water Protection Areas, or located within designated natural areas; "foot bridge"; "linear utility infrastructure projects"; "mitigation"; "normal residential gardening and lawn and landscape maintenance"; "pilings"; "unique wetlands," meaning wetlands that are categorized by the Department of Natural Resources and Environmental Control (DNREC) as Coastal Plain seasonal ponds, inner-dune depression meadows, peatland fens, Piedmont stream valley wetlands, bald cypress swamps, Atlantic white cedar swamps, or black ash seepage swamps; "voluntary wetland habitat restoration project"; and "wetland walkway". In addition, the definition of "wetlands" is revised to include all tidal and nontidal wetlands in the State, and will be further clarified in regulations adopted by DNREC. Section 1 also amends § 6604 of Title 7 to provide that an applicant for a wetlands permit has the burden of proving whether a proposed activity is within tidal or nontidal wetlands. In addition, Section 1 amends § 660 of Title 7, concerning activities that are exempt from permit requirements under Chapter 66 of Title 7. Under the Act, the following activities are exempt: farming, provided certain requirements are met, including that farming or an intent to farm has been conducted on the land in the prior 10 years on a rolling basis; silvicultural activities permitted by the Department of Agriculture; conservation practices on lands that are engaged in programs through certain federal or state governmental agencies; hunting, fishing, trapping, and duck blinds; wildlife nesting structures; mosquito control activities authorized by the DNREC; construction of certain drainage ditches, tax ditches, swales, and other drainage features; artificial ponds and borrow pits; construction of directional aids to navigation; placing of boundary stakes; foot bridges; normal residential gardening and lawn and landscape maintenance. In addition, other activities are conditionally exempt: certain activities that would be allowed under a nationwide permit issued by the United States Army Corps of Engineers; nontidal wetlands equal to or less than a contiguous 0.50 acres, provided certain criteria are met; work performed by a state, county, or municipal government or conservation district, or such an entity's designated contractor, on nontidal wetlands in the Delaware Atlantic Coastal Plains Province with a contributing drainage area of less than 800 acres; maintenance, reconstruction, or retrofitting work performed by or with the assistance of any state, county, or municipal government or conservation district in nontidal wetlands; certain work in agricultural drainage ditches; the creation or maintenance of certain ponds constructed in uplands; and wetland walkways, under certain conditions. Section 1 also amends § 6607 of Title 7, concerning the procedures, regulations, and application fees associated with permit applications. The Act provides that initial regulations promulgated under Chapter 66 will establish the Delaware Wetland Screening Tool. Further, in addition to the regulations the Secretary of DNREC is already directed to adopt, the Secretary is instructed to adopt regulations affording additional protections to Exceptional Value Wetlands; reducing duplication with the permitting requirements of the U.S. Army Corps of Engineers; improving the State's ability to account for impacts from wetlands permitting actions; promulgating mitigation strategies to facilitate no overall net loss in wetland acreage and function and to protect the State's resilience to the impacts of climate change; and establishing general permits for common and environmentally beneficial activities with minimal environmental impact. Section 1 further amends § 6607 concerning the timeline for DNREC issuing a decision regarding a permit application Section 1 creates a new § 6621, establishing the Wetlands Regulatory Advisory Committee. The Committee is directed to assist DNREC in developing the initial regulations required under Chapter 66 of Title 7 and to evaluate the permitting processes for activities regulated by state and federal agencies. The Committee is to be made up of 23 members, including the County Administrator or County Executive, or the County Administrator's or County Executive's designee; representatives from the Delaware Farm Bureau, the conservation districts, various environmental advocacy groups, an environmental justice organization, the Home Builders Association of Delaware, the Delaware Association of Realtors, the American Council of Engineering Companies of Delaware, the Delmarva Chicken Association, a general business group, a private wetlands consultant certified by the Society of Wetlands Scientists, and members from higher education institutions with specialization in wetlands science, agricultural economics, and with knowledge of forestry or soil conservation. The Committee is directed to review DNREC's implementation of the initial regulations required by Chapter 66 and provide a final report recommending legislative or regulatory improvements. Section 2 of the Act deletes Chapter 66A of Title 7 of the Delaware Code, "Nontidal Wetland Standards," which had created a Wetlands Advisory Committee to assist the Secretary of the Department of Natural Resources and Environmental Control in developing wetland protection priorities for the State and identifying a comprehensive approach for improving nontidal wetland conservation, restoration, and education to recommend to the General Assembly, and to evaluate the permitting process for activities regulated by state and federal agencies. Section 3 of the Act provides that activities in private nontidal subaqueous lands authorized under a nationwide permit issued by the U.S. Army Corps of Engineers and in effect in the state are exempt from any requirements under Chapter 72 of Titel 7 of the Delaware Code, if a water quality certification has been received from the Department of Natural Resources and Environmental Control, where necessary. Section 4 of the Act provides that §§ 6621 and 6622 of Section 1 of the Act, and Section 2 of the Act, are effective upon enactment; Section 3 of the Act is effective 60 days after enactment; and the remaining provisions of the Act are effective upon the adoption of initial regulations by the Department of Natural Resources and Environmental Control. ]]> Wed, 15 Apr 2026 16:44:46 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143016 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 2, TITLE 9, TITLE 19, AND TITLE 30 OF THE DELAWARE CODE RELATING TO SUPPORT FOR FEDERAL WORKERS AFFECTED BY A GOVERNMENT SHUTDOWN.

This Act provides the following support for federal workers during a government shutdown: (1) In Section 1 of this Act, interest free loans to provide financial assistance. (2) In Section 2 of this Act, free transportation on public transit. (3) In Sections 3 through 6 of this Act, deferral of certain State, county, and school tax filings, payments, and collections.]]> Wed, 15 Apr 2026 16:44:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143031 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or curing deficient absentee ballots. Section 1 revises the terms and definitions for Title 15 as follows: • Repeals obsolete terms. • Revises current terms and definitions to accurately reflect the organization of the Department of Elections (Department), the use of electronic voting systems, and conform to drafting standards. • Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s election laws. Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. This section specifically provides for all the following: • An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional residence associated with real property. • An individual does not lose their place of residence if the individual intends to return after an absence, such as for education, military service, incarceration, or obtaining or providing medical care. • If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facia evidence of a change in residence. • An individual’s residence changes and the individual forms a new residence if the individual inhabits a new location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on residence at a new location. • How a dispute regarding an individual’s place of residence is determined and appealed. Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c. 170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing improvements to voting technology. Specifically, these updates: • Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15. • Provide for the designation of the software, which includes the version of that software, that must be installed on voting devices before each statewide general election. • Expands the criteria that must be considered when designating the software that must be used on voting devices, including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides certainty and stability instead of relying on the continued existence of a federal certifying entity. • Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner (Commissioner) must designate the software required for the next statewide general election and that this software can be used for elections held during the next 2 years. • Explicitly allows the Commissioner to change the designated version of voting device software if necessary to address a material security flaw in the previously designated software. • Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15. • Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals language about party designees that is obsolete because this testing is open to the public. • Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections. The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits). The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections. • Repeals provisions that unnecessarily repeat requirements in other sections. Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section 1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for tabulating absentee ballots under § 5510 of Title 15. Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15. Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically, Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to align with the revisions under Section 1 of this Act. Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15. Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the revisions under Section 1 of this Act. Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows: • Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act. • Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is followed for primary elections and repealing confusing language. • Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot. Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of Title 15. Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 15 Apr 2026 16:44:17 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142996 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act. ]]> Wed, 15 Apr 2026 16:43:56 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142887 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS AND BACKGROUND CHECKS.

This Act mandates that all current and prospective employees or contractors of the Office of Auditor of Accounts submit to state and federal criminal background checks.]]> Wed, 15 Apr 2026 16:43:43 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143027 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SAFETY FEATURES IN NEW SCHOOL CONSTRUCTION OR MAJOR RENOVATIONS.

This Act clarifies that security film is distinct from ballistic-resistant materials, and adds that school construction will satisfy the requirements of § 2306(b) if ballistic-resistant materials are used in the required locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 15 Apr 2026 16:43:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142746 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PAID LEAVE.

This Act clarifies that paid leave for the adoption of a child may begin at one of the following times: (1) when the child is placed for adoption with the employee; (2) when the employee initiates a petition for adoption; or (3) when the adoption process is completed. ]]> Wed, 15 Apr 2026 16:43:13 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142733 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND CHAPTER 404 OF VOLUME 83 AND CHAPTER 108 OF VOLUME 84 OF THE LAWS OF DELAWARE AND TITLE 14 OF THE DELAWARE CODE RELATING TO PUPIL AND STUDENT IDENTIFICATION CARDS.

This Act requires public schools serving grades 7 to 12 that issue pupil identification cards to print on either side of the card the following information, which previously was optional for the public schools: (1) Teen Dating Violence Hotline:1-866-331-9474 or Text “loveis” to 22522. (2) Stop Bullying Now Hotline: 1-800-273-8255(TALK). Sections 1 and 2 of this Act remove application dates from the previous enactments of laws related to information printed on pupil identification cards for public schools serving grades 7 to 12 and on student identification cards for public institutions of higher learning. These application dates could be interpreted to mean that the previous enactments of these laws were to be effective only during the stated school years. By removing these application dates and establishing the effective date in Section 5 of this Act, these laws will be effective on July 1, 2026. This Act also makes technical corrections in Sections 3 and 4 of this Act to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 15 Apr 2026 16:42:54 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142496 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM.

This Act removes the Director of Autism Resources ("Autism Resources"), formerly the "Statewide Director of the Delaware Autism Program," as a member of the Interagency Autism Committee ("ICA"). Autism Resources falls under the Department of Education, and changing this member to a representative of the Department lends more flexibility in selecting a member to represent the Department. This Act also removes the Delaware Family Voices member, because Delaware Family Voices now falls under the Parent Information Center, who already has representation on the ICA. In addition, under this Act the ICA or DNEA may make recommendations on the family and self-advocate ICA positions for consideration by the Governor. This Act also updates the appointing authority for ICA members that represent non-governmental entities, because the power of appointment cannot be delegated to an entity which is not a part of the state government. See State ex rel. James v. Schorr, 65 A.2d 810, 812 (Del. 1948). This Act also makes technical changes to make existing law conform with the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 15 Apr 2026 16:42:41 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143044 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO METHODS TO OBTAIN JURISDICTION OVER RESPONDENT IN FAMILY COURT AND THE DUTY TO SUPPORT.

This Act allows the Division of Child Support Services (DCSS) to serve a non-custodial parent’s summons for family court hearings by any form of mail with proof of delivery, including using the United States Postal Service or other commercial delivery services such as Federal Express (FedEx) or United Parcel Service (UPS). ]]> Wed, 15 Apr 2026 14:56:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143037 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FOLIC ACID FORTIFICATION.

This Act requires that effective amounts of folic acid be added to corn masa flour and corn masa which are staples in many minority diets. Under this Act, corn masa flour sold or used in the State must contain folic acid at a level of .7 mg of folic acid per pound of corn masa flour. Wet corn masa product must contain .4 mg of folic acid per pound of end product. These products must include a declaration of folic acid on the nutrition label in accordance with applicable federal law. Minority communities in the United States face a greater risk of neural tube defects (NTDs), which are serious birth defects that occur during early pregnancy. NTDs include spina bifida, characterized by an opening along the spine that can cause mild to severe nerve damage and disability, and anencephaly, a fatal condition where parts of the brain or skull are missing in newborns. Research has shown that daily intake of folic acid can reduce the risk of NTDs by over half. In response, the U.S. Food and Drug Administration mandated folic acid fortification in enriched cereal grain products in 1998, resulting in a 35% reduction in NTD cases. However, this policy did not include corn masa flour, a staple in many minority diets. ]]> Wed, 15 Apr 2026 14:56:12 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143020 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO KRATOM.

This Act requires that a person that prepares, distributes, sells, or advertises for sale a food that is represented to be a kratom product to disclose the factual basis on which the representation is made. It establishes prohibitions related to the preparation, distribution, sale, and advertisement of kratom products, including prohibiting the distribution or sale to individuals under the age of 21. It imposes civil violations on those who violate the prohibitions. It requires the Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security, in collaboration with the Delaware Healthcare Association, to report to the General Assembly, on or before December 31, 2026, on the number of adverse health events observed in individuals after the use of opioid–like substances, including kratom; and generally relating to kratom.]]> Wed, 15 Apr 2026 14:56:02 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142975 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STANDARDS FOR LEVELS OF NEONATAL CARE.

This Act amends Title 16 to establish statewide standards for levels of neonatal care for facilities that operate neonatal nurseries or neonatal intensive care units. The Act requires facilities to comply with nationally recognized standards for levels of neonatal care established by the American Academy of Pediatrics (AAP), ensuring that newborns receive care in facilities equipped to meet the complexity of their medical needs. Under the Act, the Secretary of the Department of Health and Social Services (DHSS) will designate each facility's level of neonatal care based on compliance with the AAP standards, including staffing, equipment, facility capabilities, and patient protocols. The Act further establishes additional requirements for facilities providing Level IV NICU services which care for the most critically ill and medically complex newborns. DHSS must adopt implementing rules by January 30, 2027, and will seek input from the Delaware Perinatal Quality Collaborative and existing NICU providers in developing these rules. ]]> Wed, 15 Apr 2026 14:55:51 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142871 Delaware House - Out of Committee Legislation EXTENDING THE DELAWARE JUVENILE JUSTICE EDUCATIONAL TRANSITIONS TASK FORCE.

This Joint Resolution extends the existence of the Juvenile Justice Educational Transitions Task Force (Task Force) and the deadline for the Task Force's final report until July 31, 2026. ]]> Wed, 15 Apr 2026 12:33:10 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143066 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM LIMITED PARTNERSHIP ACT.

This Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LP Act. Section 1 of this Act amends § 17-101(1) of the LP Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LP Act. Section 2 of this Act amends § 17-202 of the LP Act to allow a limited amendment of a certificate of limited partnership to be made by a person who has ceased to be a general partner of the limited partnership but is shown on the certificate of limited partnership as a general partner. The certificate of amendment shall state only (i) the name of the limited partnership, and (ii) that the person has ceased to be a general partner of the limited partnership. Because the amendment has the effect of amending the information required to be set forth in a certificate of limited partnership by § 17-201(a)(3) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner. This Section also amends § 17-202(c)(2) of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-202(d) of the LP Act, § 17-202(c)(2) applies any time a person has ceased to be a general partner of a limited partnership and not just upon a withdrawal of a general partner. Section 3 of this Act amends § 17-204(a)(2) of the LP Act, which addresses execution of certificates of amendment and certificates of correction. Because Section 2 of this Act amends § 17-202 of the LP Act to allow a former general partner to file a certificate of amendment of a certificate of limited partnership in certain circumstances, this Section amends § 17-204(a)(2) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-202(d) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-202(d) of the LP Act. This Section also amends § 17-204(a)(9) of the LP Act, which addresses execution of certificates of amendment of certificates of registered series and certificates of correction of certificates of registered series. Because Section 6 of this Act amends § 17-221 of the LP Act to allow a person who was formerly a general partner associated with a registered series to file a certificate of amendment of a certificate of registered series in certain circumstances, this Section amends § 17-204(a)(9) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-221(d)(6) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-221(d)(6) of the LP Act. Section 4 of this Act amends § 17-207 of the LP Act, which addresses liability for materially false statements in any certificate authorized to be filed by this chapter. Subchapter IX of the LP Act was previously amended to clarify that certain documents filed in the office of the Secretary of State with respect to a foreign limited partnership may be executed by any person authorized to execute the document on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). This Section amends § 17-207 of the LP Act to clarify that § 17-207 of the LP Act applies to any person who executed a certificate pursuant to subchapter IX of this chapter (whether or not such person is a general partner of the foreign limited partnership). Section 5 of this Act amends § 17-218(a) of the LP Act to confirm that (i) a partnership agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 17-218(a) does not restrict a limited partnership with series from merging, converting or consolidating pursuant to any section of the LP Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series. Section 6 of this Act amends § 17-221(d) of the LP Act to allow a limited amendment of a certificate of registered series to be made by a person who has ceased to be a general partner associated with the registered series but is shown on the certificate of registered series as a general partner associated with the registered series. The certificate of amendment shall state only (i) the name of the limited partnership, (ii) the name of the registered series, and (iii) that the person has ceased to be a general partner associated with the registered series. Because the amendment has the effect of amending the information required to be set forth in a certificate of registered series by § 17-221(d) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner associated with the registered series. This Section also amends § 17-221(d)(5)b. of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-221(d)(6) of the LP Act, § 17-221(d)(5)b. applies any time a person has ceased to be a general partner associated with a registered series and not just upon a withdrawal of a general partner associated with a registered series. This Section also makes certain clarifying amendments of § 17-221 of the LP Act to change the word “of” to the words “associated with”. Section 7 of this Act amends § 17-902(1) of the LP Act to provide that the statement required to be included in an application for registration as a foreign limited partnership shall be made by the person who signs the application (whether or not such person is a general partner of the foreign limited partnership). Section 8 of this Act provides that the amendments to the LP Act take effect on August 1, 2026.]]> Wed, 15 Apr 2026 12:32:59 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143065 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.

This Act continues the practice of amending periodically the Delaware General Corporation Law (“DGCL”) to keep it current and maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the DGCL. Section 1. Section 1 of this Act confirms that if a certificate of incorporation includes a provision that “opts out” of the class vote specified in § 242(b)(2) of Title 8 to increase or decrease the number of shares of a class of stock authorized for issuance, including a provision that requires the affirmative vote of the holders of a majority of the stock (or a majority of the votes of such stock) entitled to vote, that “opt out” will not be deemed an express provision that has the effect of “opting out” of the default provisions of § 242(d). Instead, § 242(d) will apply unless the § 242(b)(2) “opt out” expressly states that the corporation is not governed by § 242(d)(1) or (2), or the § 242(b)(2) “opt out” provision specifies a greater or additional vote to increase or decrease the authorized number of shares of 1 or more classes of stock. Section 2. Section 2 of this Act amends § 275 of Title 8, which addresses the dissolution of a corporation. New § 275(h) provides that the authority and responsibilities of the registered agent of the corporation terminate at the time the dissolution of the corporation becomes effective, except with respect to service of process that the registered agent has received before that time. New § 275(i) establishes procedures for the Secretary of State to accept service of process for a dissolved corporation after the dissolution has become effective. The amendments to § 275(d) and (f) require a corporation to include in its certificate of dissolution an agreement that the dissolved corporation may be served with process in the State by service to the Secretary of State in accordance with the Secretary of State’s rules and regulations. Section 3. Section 3 of this Act amends § 312(j) of Title 8, which addresses the revival of the certificate of incorporation of a nonstock corporation if the certificate has become forfeited or void. The amendments delete reference to actions taken by members of a nonstock corporation who are entitled to vote on a dissolution of the corporation. The provisions of § 312(j), when read together with § 312(h), contemplates member action only to elect persons to the governing body of the corporation if there are no such persons then in office to revive the corporation. Because no action by members entitled to vote on a dissolution is required for revival, the reference to these members is being deleted. In addition, because no member action is required to revive a corporation if there are persons then serving on the governing body of the corporation, amended § 312(h) also clarifies that member action will be taken for a revival only “if any” member action is necessary. Section 4. Section 4 of this Act provides that this Act takes effect on August 1, 2026. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the general corporation law. ]]> Wed, 15 Apr 2026 12:32:48 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143064 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIMITED LIABILITY COMPANY ACT.

This Act continues the practice of amending periodically the Delaware Limited Liability Company Act (the “LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LLC Act. Section 1 of this Act amends § 18-101(2) of the LLC Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LLC Act. Section 2 of this Act amends § 18-215(a) of the LLC Act to confirm that (i) a limited liability company agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 18-215(a) does not restrict a limited liability company with series from merging, converting or consolidating pursuant to any section of the LLC Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series. Section 3 of this Act provides that the amendments to the LLC Act take effect on August 1, 2026.]]> Wed, 15 Apr 2026 12:32:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143043 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.]]> Wed, 15 Apr 2026 12:32:27 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142969 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT BY IMPERSONATION OF A FAMILY MEMBER.

This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.]]> Wed, 15 Apr 2026 12:32:13 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142564 Delaware House - Out of Committee Legislation 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. It also makes technical corrections to conform existing law to the standards of the Drafting Manual. This Substitute differs from the original Act by incorporating the changes from Senate Amendment No. 1 to Senate Bill No. 116 which includes the following changes: - Increased the time from 12 to 24 months for the lookback period for restricting the number of times the right of redemption is available to a tenant. - Puts a requirement to proactively file with the court a request for a stay of the writ if payment is made after the writ of possession has been posted. - Makes clear that payment after posting of the writ only stays the writ until the payment has cleared and dismissal is not required until such time. This Substitute also adds the following changes based on further input from stakeholders: - Makes it clear that this Act only applies to evictions based on failure to pay rent. - Clarifies that any rent that is due under the terms of the lease must also be paid, in addition to any demanded past due and per diem rent, for redemption to apply. - Adds language that the landlord may restrict any payments to methods accepted under the terms of the lease, and the landlord may further restrict any payments made after judgment is entered to certified checks or money orders. ]]> Tue, 14 Apr 2026 14:59:24 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142857 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASES.

This Act repeals the sunset date on the rent increase calculations for manufactured home communities that were enacted as a pilot under Senate Bill No. 317 (151st General Assembly), 83 Del. Laws, c. 341. Under this Act, the calculations used for rent increases under § 7052A and § 7052B of Title 25 replace the grounds for rent increases under § 7052 of Title 25. ]]> Tue, 14 Apr 2026 14:59:12 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142909 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKPLACE SAFETY PROGRAM.

This Act makes updates to the Delaware workplace safety program to increase the workers’ compensation insurance credit that businesses can access while maintaining overall program stability. Past legislation that adjusted Workplace Safety Program parameters led to the filing of a new Experience Rating Plan by Delaware Compensation Rating Bureau, which inadvertently resulted in lower discounts. Most businesses with lower-than-average claim costs, regardless of size, continue to see reductions in their experience modification factors. The Workplace Safety Program credit and the experience modification factor savings result in a similar savings as before for employers with favorable loss history. However, this was not the intention of prior law. This Act ensures that companies can reach maximum premium savings of 12%.]]> Tue, 14 Apr 2026 14:59:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142786 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This Act prohibits employers from asking employees or potential employees about political preferences, including donations the employee makes to candidates for office or political committees. It also prohibits employers from taking any adverse action against an employee based on political affiliation or preference. The prohibition does not apply if a political affiliation or preference is a bona fide occupational qualification of the employment. It also does not apply if employer disclosure of employee contributions is required by federal or state law.]]> Tue, 14 Apr 2026 14:58:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142852 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's focused review of the Division of Developmental Disabilities Services' (DDDS) adult day and employment services. This Act requires that DDDS submit an annual report relating to its services to increase the transparency of the services and highlight unmet needs for efficient service delivery. In § 7909A(c)(2)a. of Title 29, DDDS will provide data on census, new applications, demographics of those groups, and the size and diversity of the provider system. Section 7909A(c)(2)b. allows DDDS to demonstrate that its services, and how the services are accessed, change over time. Section 7909A(c)(2)c. gives DDDS the flexibility to provide information on service requests that could not be met, why service requests could not be met, and observed gaps in service delivery, or other information related to challenges DDDS identifies related to the service system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 14 Apr 2026 14:58:38 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142849 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 4 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.

This Act changes the name of the Joint Legislative Oversight and Sunset Committee to "the Joint Legislative Oversight Committee." When the Committee was first codified in 1980, it was named the "the Joint Sunset Committee." In 2016, the Committee voted to change its name to "the Joint Legislative Oversight and Sunset Committee." The Committee had "sunsetted" only 2 reviewed entities up to that point. Because "sunsetting" was only one of the Committee's many functions and used the function rarely, its name had grown confusing to the public. Adding "Legislative Oversight" more fully represented the Committee's purpose. Over the last 7 years, the Committee has reviewed 40 entities and "sunsetted" only 6 of them. In January 2026, the Committee voted to update its name to more accurately reflect its evolved purpose. Like most similar committees in other states, Delaware's committee has significantly downsized its focus on the "sunsetting" process in favor of conducting oversight and performance evaluation. This Act does not eliminate or lessen the Committee's authority to "sunset" an entity when a review demonstrates that doing so is the best outcome, and this Act does not amend the Committee's overall authority, focus, or purpose. This Act also makes a technical correction to the title of Chapter 102, Title 29.]]> Tue, 14 Apr 2026 14:58:27 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142911 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 16, TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE, AND CHAPTER 237, VOLUME 83 OF THE LAWS OF DELAWARE, RELATING TO PRIMARY CARE SERVICES.

This Act amends Titles 16, 18, 29, and 31 of the Delaware Code and Chapter 237, Volume 83 of the Laws of Delaware relating to primary care insurance. Among other things, the Act does the following: Section 1 of the Act amends § 9903 of Title 16 of the Delaware Code to provide that the Health Care Commission, in coordination with the Primary Care Reform Collaborative, will monitor compliance of primary care providers with value-based care delivery models established under the Office of Value-Based Health Care Delivery (OVBHCD). Section 2 of the Act amends § 9904A of Title 16 to remove a time frame limitation for the period during which the Health Care Commission is authorized to request written reports by health insurers regarding progress in adopting and implementing value-based payment models. Under the Act, the PCRC may continue to request such reporting going forward. Section 3 of the Act amends § 329 of Title 18 to provide that administrative penalties for violations of §2503(a)(12), §2503(a)(15), § 3342B, and § 3556A of Title 18 may be equivalent to the amount of the violation, and that penalties imposed for such violations are to be deposited into a Primary Care Fund, which will be used by the Statewide Benefits Office and the Division of Medicaid and Medical Assistance. Section 4 of the Act amends § 334 of Title 18 to clarify that the OVBHCD has the ability to promulgate regulations necessary to accomplish the stated goals of reducing health-care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. Section 5 of the Act amends § 2503 of Title 18 to extend current cost containment calculations to rate filing year 2027. In rate filing year 2028 and thereafter, it specifies that cost per service for health benefit plans may not exceed 250% of Medicare reimbursement for comparable services, or a rate further delineated by regulation for similar services, unless operating under a federal or state global budget model approved by the Department. Carriers issuing plans in the commercial market for 2 consecutive years and that cover more than 5,000 members must meet minimum percentages of alternative payment model contracting, as specified. Section 6 of the Act amends § 3342B of Title 18 concerning primary care coverage offered by individual insurance plans. Under the Act, starting in 2026, carriers must spend at least 11.5% of their total cost of medical care on primary care, at least 5% of which must be via prospective primary care management payments. Carriers must offer value-based care programs and may not deny contracted providers the opportunity to participate in an offered value-based care program. In addition, the Commissioner is required to issue regulations regarding the calculation of total cost of care. Section 7 of the Act applies the same changes as Section 6 of the Act to § 3556A of Title 18, concerning primary care coverage offered by group insurance plans. Section 8 of the Act deletes a sunsetting clause contained in Section 14, Chapter 237, Volume 83 of the Laws of Delaware, which would have repealed § 2503(a)(12)a., § 3442B(b)(3), and § 3556A(b)(3) of title 18, effective January 1, 2027. Section 9 of the Act amends § 5204 of Title 29 to provide that health-insurance coverage for public officers and employees shall be provided by a carrier whose cost per service may not exceed 250% of Medicare reimbursement for comparable services beginning in Fiscal Year 2029 unless operating under a federal or state global budget model approved by the SEBC, and provides balance billing protections. In addition, Section 9 of the Act specifies that coverage shall be provided by a carrier offering value-based care programs equivalent to the commercial market requirements. Section 10 of the Act amends §5224 of Title 29 concerning primary care coverage of insurance coverage for public officers and employees, to require plans to report data on the percentage of primary care spending as a percentage of total medical costs for plan years 2027 and 2028 and to increase spending on primary care by 1% per year thereafter until primary care spending reaches 11.5% of total medical costs. Section 11 of the Act creates §539 of Title 31, concerning state public assistance, to require entities providing health insurance under § 505(3) to report data on the percentage of primary care spending as a percentage of total medical costs for 2 plan years and, in subsequent years, increase primary care spending by 1% until primary care spending reaches 11.5% of total medical costs. Section 12 of the Act provides that the Department of Insurance shall promulgate regulations pursuant to the Act within 18 months of enactment.]]> Tue, 14 Apr 2026 14:06:55 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142897 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COUNTY AND MUNICIPAL GOVERNMENT DEPOSITS OF FUNDS.

This bill clarifies that counties and municipalities can deposit their revenues in any depository bank or credit union. The State of Delaware already can choose where it deposits its money, and this legislation would extend that ability to counties and municipalities.]]> Tue, 14 Apr 2026 13:03:40 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142872 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOL.

This Act cleans up antiquated portions of The Liquor Control Act, under Title 4, by updating provisions that have been in the Code since the 1930s and making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also creates two new license types: (1) a special event license and (2) a bottle club license for businesses offering creative arts experiences like painting, candle-making, and other arts and engagement activities. In addition to technical changes, this Act makes all of the following changes to Title 4 of the Code: Sections 2, 7, 8, 15, 11, and 22 changes “retailer” or “retail” to “package store” in § 512A, § 512C, § 524, and § 904. Section 1 updates and modernizes definitions in § 101 by lowering the number of customers for concert hall licenses, clarifying that IRS-recognized 503(c)(3) or similar organizations may obtain gathering licenses, clarifying that an “importer” also means a wholesaler or distributor because the terms are used interchangeably throughout Title 4 and the Office of the Alcoholic Beverage Commissioner (“Office”) regulations, renaming a “retailer” as a “package store” and providing a clearer definition, and adding a new definition of “special event” for the special event license created by this Act. Section 2 requires the Office, under § 304, to provide current licensing data on its public-facing website rather than submitting annual reports to the Governor and the General Assembly. The Office already provides the licensing data on its website in lieu of paper reports that become stale quickly. Section 2 also updates how the Office provides notice of a hearing to consider a license application and the protests to the license application by removing the requirement to post the notice on the entrance door of the proposed licensee’s establishment and requiring the Office to mail notice by first class mail instead of registered mail. These changes reflect modern practices. Section 3 updates antiquated fiscal provisions in § 310 by requiring the Office to deposit receipts with the Office of the State Treasurer instead of the Division of Revenue and by requiring the Office to maintain receipt records and make the records available to the Division of Accounting instead of the Office of the State Treasurer. Section 4 allows the Auditor of Accounts (“Auditor”) to audit the Office, under § 313, as often as the Auditor considers necessary instead of requiring the Auditor to conduct an annual audit of the Office. Section 5 clarifies, under §501, that importers licensed as suppliers must deliver products directly to a licensed warehouse of a Delaware licensed importer because brokerage import firms licensed by the federal government as importers are also licensed as suppliers by the Office and act as agents of suppliers. Section 6 cleans up sentence structure in § 508 to clarify manufacturer and distillery reporting requirements. Section 9 removes the domestic sales cap on production for distilleries licensed under § 512E, because no other state has a similar production cap. Section 10 creates a new § 512H that allows the Delaware Alcoholic Beverage Control Commissioner (“Commissioner”) to grant to a qualified applicant a special event license for festivals, arts, crafts fairs, and other similar open-air events. The special event license permits the service and sale of alcoholic liquors for consumption on the licensed premises at special events hosted on the licensed premises by the landowner or tenant (the landowner could contract with a promotional company. A qualified applicant may hold only 1 special event license. The licensed premises must meet certain requirements, including having controlled ingress and egress. Also, at each special event sufficient food must be available at all times when alcohol is sold. A licensee must submit each special event to the Commissioner for review and approval at least 30 days prior to the special event (caterers have 20 days to provide the same materials but the Office feels the 10 extra days are needed for larger events), and the appropriate political subdivision must have approved the special event. The Commissioner may suspend a special event license, deny future licenses, or impose a fine of up to $10,000 per violation if the special event license holder has made misrepresentations on its application materials or fails to comply with the requirements of § 512H. Section 11 updates § 514 to allow an in-state manufacturer to donate alcoholic liquors to gathering license holders and require applicants for a biennial premises type gathering license to provide notice of application under § 524, unless the applicant has already been granted a biennial premises type gathering license and has no violations. Section 12 expands § 515A to allow the Commissioner to grant a bottle club license to a business establishment where customers pay a fee to participate in a creative arts experience, including painting, pottery-making, candle-making, or other similar activities. Some of these types of businesses already tell customers that the customers may bring alcohol, like a bottle of wine, on the premises. The bottle club license allows a licensed business’s customers to bring alcohol onto the business’s premises for on-premises consumption by the customer if sufficient food is provided while alcohol is being consumed. Section 13 updates § 516 by replacing “store” with “package store”, which eliminates off-premises licenses for restaurants and clubs because these establishments can now sell alcohol to-go. But the few existing licenses will be grandfathered, just like the taproom off-premises license that was eliminated in 1983. Section 14 gives a property owner or governing body who receives a notice of application under § 524 the option to file protests with the Office by email and updates the Office’s mailing address. Section 16 changes hearing requirements under § 541 so that the Office is not required to hold a hearing to consider a license application and the protests to the application, unless at least 5 persons who filed protests and who reside or own property located within 1 mile of the premises or in any incorporated areas located within 1 mile of the premises pre-register to testify at the hearing. Community members often will sign a filed protest, but then not show up to testify at the hearing. Yet the Office incurs hundreds of dollars in costs, including hiring a court reporter and publishing the hearing notice in 2 newspapers. This causes delay in approving an application and causes the State to incur costs for a hearing it did not need to hold because the application could have been granted on the paperwork. Requiring at least 5 persons to pre-register to testify should help small businesses open more quickly and still preserve a community’s opportunity to address concerns about an application at a hearing. The Office is sensitive to community concerns about license applications and believes that the communities should be able to voice their concerns at a hearing. But the Office also believes that having the option to cancel a hearing, if the persons who file a protest choose not to follow through with the protest, would alleviate unnecessary costs and delays in processing license applications. Section 16 also requires the Office to post the hearing notice on the State Public Meeting Calendar instead of publishing the hearing notice in a newspaper, because hearing notices are already mailed and emailed to individuals who have filed a protest with the Office. Section 18 adds a new license fee under § 554 for the new special event license. Section 18 also adds holders of a beer garden license to the list of licensees required to pay an additional $100 biennial license fee to be deposited in the Overservice Investigation Fund used to implement, administer, and enforce the Delaware Responsible Alcohol Beverage Server Training Program. All other on-premises license types pay the fee and the omission of the beer garden licenses appears to be a statutory oversight. Sections 19 and 21 remove an antiquated provision that permits spouses, brothers, sisters, other family members, and employers to appeal to the Commissioner to investigate, decide, and then prohibit the sale of alcohol to certain people. Section 20 adds requirements for labeling batched cocktails and infused beverages prepared by licensees to § 712, so that customers know the ingredients used in the cocktails and beverages. Section 23 delays implementation of Section 10 and Section 12 of this Act, so that the Office may prepare to implement the new special event license and the new bottle club license. This Act takes effect on the Act’s enactment into law and Section 10 and Section 12 of this Act are to be implemented the earlier of the following: (1) Six months from the date of the Act’s enactment into law. (2) Notice by the Alcoholic Beverage Control Commissioner published in the Register of Regulations that final regulations to implement Section 10 and Section 12 of this Act have been adopted. 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, 14 Apr 2026 13:03:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142512 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS SOLD FOR OFF-PREMISE CONSUMPTION.

This Act would allow valid on-premise license holders to sell 1 bottle of a private label spirit purchased from a Delaware licensed importer that is either limited availability or limited allocation. The Act also corrects a typographical error and changes 2750 ML bottles of wine to 2 750 bottles of wine.]]> Tue, 14 Apr 2026 13:03:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=143011 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO DISTRIBUTION OF DECEDENT'S PROPERTY WITHOUT GRANT OF LETTERS OF ADMINISTRATION.

This Act changes the probate dollar limit for administering a small estate without requiring Letters of Administration or Letters of Testamentary from $30,000 to $50,000. This Act also makes changes to conform with the Delaware Legislative Drafting Manual.]]> Tue, 14 Apr 2026 13:03:03 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142656 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO WORKERS' RIGHTS.

This Act is the first leg of a constitutional amendment that would establish a fundamental right for all employees to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution. ]]> Wed, 25 Mar 2026 17:15:18 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142684 Delaware House - Out of Committee Legislation DIRECTING THE PUBLIC EDUCATION FUNDING COMMISSION TO SUBMIT A REPORT WITH RECOMMENDATIONS FOR THE EQUITABLE COLLECTION AND DISTRIBUTION OF PROPERTY TAX REVENUE IN DELAWARE.

This Concurrent Resolution directs the Public Education Funding Commission (Commission) to make findings and recommendations to achieve the equitable collection and distribution of property tax revenue to support the needs of public schools, and submit a report with the recommendations no later than January 1, 2026. This Concurrent Resolution provides that the House and Senate Education committees will hold a joint meeting in January 2026 where the Commission will present for discussion the recommendations that are due October 1, 2025, and from this Concurrent Resolution.]]> Wed, 25 Mar 2026 17:15:08 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142811 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE COSMETOLOGY LICENSURE COMPACT.

This Act adopts the Cosmetology Licensure Compact (“Compact”). The Compact is active because enough states have enacted legislation to adopt the Compact. The purpose of the Compact is to reduce the burdens on state governments and to facilitate and regulate the interstate practice of cosmetology by creating a framework for a multistate licensing program. The multistate licensing program provides increased value and mobility to licensed cosmetologists, including military members and their spouses, and ensures safe, competent, and reliable cosmetology services are provided to the public. The Compact allows individuals residing in a state that joins the Compact (a “member state”) to apply, through the state, for a multistate license. A multistate license allows a qualifying licensee to practice cosmetology in all member states. Applicants for a multistate license must hold an unrestricted license to practice cosmetology in the applicant’s home state and must meet educational, national licensing examination, and background check requirements to qualify for a multistate license. Licensees must meet continuing competency requirements to qualify for renewal of a multistate license. Member states share information related to disciplinary actions against licensees, investigations of licensees, and anything that would disqualify a licensee from holding a multistate license so that each member state is aware if a licensee’s authority to practice is restricted or if the licensee is disqualified from practicing cosmetology.]]> Wed, 25 Mar 2026 16:34:32 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142809 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A RESPIRATORY CARE INTERSTATE COMPACT.

This Act adopts the Respiratory Care Interstate Compact (“Compact”). This Compact takes effect on the date on which this Compact is enacted into law in 7 states. As of January 2026, this Compact has been enacted in 5 states and has been filed in 6 other states. This Compact is an interstate occupational licensure compact for respiratory therapists. There are approximately 130,000 licensed respiratory therapists in the United States. Licensees currently face significant barriers providing services across state borders, even when they meet the qualifications to practice in another state. This Compact will facilitate multistate practice by reducing unnecessary licensure burdens and improve public safety by enhancing state information sharing.]]> Wed, 25 Mar 2026 16:34:21 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141915 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR CIVIL CLAIMS BASED ON SEXUAL ABUSE OF A MINOR.

A victim of child sexual abuse that occurred in this State who has been barred from filing suit against the victim’s abuser by virtue of the expiration of a former civil statute of limitations are permitted to file these claims in the Superior Court of this state at any time. This is intended to apply retroactively. ]]> Wed, 25 Mar 2026 16:33:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142619 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This Act imposes certain requirements upon a public utility if it intends to relocate a call center outside the service territory of the public utility or contract call center work outside of the service territory of the public utility. The requirements include providing notice to the Public Service Commission, current and prospective employees at the call center, and the union leadership of any current or prospective employees at the call center.]]> Wed, 25 Mar 2026 16:32:45 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142732 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 4 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HUMAN RESOURCES.

This Act changes the name of the Division of Diversity, Equity, and Inclusion to the Division of People and Culture. Renaming the division from Diversity, Equity, and Inclusion to People and Culture signifies a broader, more comprehensive approach to cultivating an inclusive and engaging workplace. The new designation underscores the focus on the overall employee experience, organizational culture, and people-centered initiatives. This change positions the division as a key contributor to both cultural development and organizational success.]]> Wed, 25 Mar 2026 16:32:34 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142894 Delaware Senate - Out of Committee Legislation EXTENDING THE REPORTING DATE OF THE DRIVING UNDER THE INFLUENCE PREVENTION TASK FORCE

This Joint Resolution extends the reporting date of the Driving Under the Influence Prevention Task Force from January 1, 2026, to January 1, 2027.]]> Wed, 25 Mar 2026 16:32:24 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142821 Delaware House - Out of Committee Legislation AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDEN.

Among other changes, this Act is a substitute for Senate Bill No. 220 and does all the following related to the Charter of the Village of Arden: (1) Adds a preamble to the Charter. (2) Amends the boundaries of the Village to include the Sherwood Forest Addition and the Mill Race Addition and, in Section 2 of this Act, makes clear the General Assembly’s inherent power to set the boundaries of a municipality. (3) Adds definitions of certain terms. (4) 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. (5) Clarifies and amends the procedures for Special Town Meetings. (6) Clarifies and revises the procedures for enacting, amending, and repealing ordinances. (7) Provides that a referendum may be called by a majority vote at a Town Assembly Meeting. (8) 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 to an ordinance. (9) Requires the Board of Assessors to assess the community standard of living, in addition to the full rental value of leased lands. (10) Removes provisions for the election of the Budget Committee and the budget referendum voting process, which are transferred to an ordinance. (11) Updates language relating to responsibilities of the Budget Committee. (12) Provides that if a budget referendum fails, then the town will use the previous year's budget until a new budget can be approved. (13) Removes provisions relating to the election of the Registration Committee, which are transferred to an ordinance. (14) 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. (15) Simplifies the Charter's provisions for town law enforcement officials. (16) Requires that town contracts must be witnessed by a second Village official, in addition to signed by the Chair of the Town Assembly. (17) Deletes the section of the Charter relating to fire, zoning, and housing codes, as those subjects are already handled by New Castle County. (18) Replaces gender-specific language with gender-neutral language. (19) Makes other, minor changes to the language of the Charter.]]> Wed, 25 Mar 2026 16:26:45 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142891 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.

This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.]]> Wed, 25 Mar 2026 14:51:02 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142950 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

This Act permits employees of, or security personnel working for, a health-care, medical, or dental facility, to take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time, for the purpose of summoning a law-enforcement officer. ]]> Wed, 25 Mar 2026 12:28:28 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142888 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11, TITLE 19, AND TITLE 29 OF THE DELAWARE CODE RELATING TO JUVENILE PROBATION AND PAROLE OFFICERS AND OTHER EMPLOYEES OF THE DIVISION OF CHILDREN, YOUTH, AND THEIR FAMILIES.

This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification. This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be consistent with the position classification name and makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 25 Mar 2026 12:28:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142663 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS

This Act amends the Delaware Equal Accommodations Law to adopt the protections of the federal Rehabilitation Act of 1973’s Section 504 (“Section 504”), and its implementing regulations as those regulations existed on January 1, 2025. This bill will help ensure that Delawareans with disabilities get broad and full protection within Delaware. The bill also adds that references to Section 504 in other parts of Delaware law or regulation will be considered a reference to the Delaware Equal Accommodations Law.]]> Tue, 24 Mar 2026 13:23:49 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142886 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LIFE INSURANCE POLICY EXCLUSIONS AND RESTRICTIONS BASED ON DEATH RESULTING FROM SUICIDE.

Current Delaware law provides that a life insurance policy may contain a provision excluding or restricting coverage in the event of death by suicide within 2 years from the date of issue of the policy. This Act reduces the time period to 1 year from the date of issue of the policy. It applies to a policy that is issued after the effective date of the Act. This Act also requires that in the event any death benefit is denied because the insured dies as a result of suicide within 1 year from the date of issue of the policy, the insurer must refund all premiums paid for coverage providing the denied death benefit on the insured. This Act is effective 6 months after its enactment into law. ]]> Tue, 24 Mar 2026 13:23:40 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142768 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RETENTION OF PERSONNEL RECORDS.

This Act updates the requirements for Department of Education’s regulations for personnel records to include charter schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 18 Mar 2026 17:10:52 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142904 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES AND EDUCATIONAL SERVICES.

This Act codifies the Education Unit in the Department of Services for Children, Youth and Their Families (DSCYF). The Education Unit provides educational services to children and youth residing in facilities operated by DSCYF.]]> Wed, 18 Mar 2026 17:10:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141808 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMY SCHOLARSHIPS.

This Act creates a scholarship for students who have completed a Delaware Teacher Academy and are enrolled in a Delaware Educator Preparation Program. This scholarship supplements the Educator Support Scholarship and is intended to fill a $2500 funding gap for aspiring educators who are in their first year at an Educator Preparation Program. No more than 35 scholarships may be awarded. The scholarship will be expanded based on interest and funding in subsequent school years and will continue as funding is available. ]]> Wed, 18 Mar 2026 16:45:09 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142957 Delaware Senate - Out of Committee Legislation 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, firefighter, emergency medical services personnel member, 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. This Act is a substitute for Senate Bill No. 234 and differs from Senate Bill No. 234 in that it adds a definition of “law enforcement officer” to clarify which law enforcement personnel are included in the definition of “first responder” and makes minor technical corrections to the definition of “first responder”.]]> Wed, 18 Mar 2026 16:05:32 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142738 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BACKGROUND CHECK CENTER.

This Act is a substitute for Senate Bill No. 67. It differs from the original bill by changing the period of time that a criminal history report obtained by the Background Check Center is valid for 1 year, instead of 3 years. The 1-year period of time is now applicable to both applicants of long-term care facilities as well as home-care agencies. This Act also removes the requirement that a current employee of a long-term care facility or home-care agency would need to get another criminal background check if they seek a promotion with their current employer. Because this Act codifies the time frame in which a criminal background check is required, this Act removes the administrative discretion previously provided to the Department of Health and Social Services to determine the frequency in which fingerprints must be obtained. ]]> Wed, 18 Mar 2026 14:46:54 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142889 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIABETES WELLNESS PILOT PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO STUDY DIABETIC WELL CARE.

This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down healthcare costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded. This Act requires no fiscal note in that this Pilot Program is to be federally funded through the Federal Rural Health Transformation Program.]]> Wed, 18 Mar 2026 14:46:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142599 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFORMATIONAL MATERIALS CONCERNING MENSTRUAL DISORDERS.

This Act requires the Department of Health and Social Services, in conjunction with the Department of Education, to develop or obtain informational materials concerning menstrual disorders to be provided upon request to school districts for purposes of educating students about menstrual disorders and their symptoms, and to ensure at least every 2 years the effectiveness of the information, that the information is up-to-date, and that any electronic links provided to access information and links contained therein are valid. The materials and information must be made available on a website maintained by the Department. Schools must, at a minimum, put posters containing the URL to the website maintained by the Department where the materials and information can be found, and may also distribute materials and information directly or provide students with flyers containing URLs, QR codes, or other links from which the students may access the information.]]> Wed, 18 Mar 2026 14:46:35 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142449 Delaware House - Out of Committee Legislation 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 that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex. Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution. Like Senate Substitute No. 1 for Senate Bill No. 100, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 by explicitly 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. In addition, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 as follows: • Clarifies that the right to marry applies to marriages that are legally valid under the laws of this State. • Clarifies that treating all legally valid marriages equally means that all laws of this State that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid under the laws of this State. • Removes the need for gender-specific provisions by including gender in the first sentence. • Revises the language clarifying that the right to marry does not infringe on the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution to apply to the entire section and to remove the example. 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, 11 Mar 2026 17:24:37 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142878 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 21 AND 29 OF THE DELAWARE CODE RELATING TO A DESIGNATED PARKING SPACE FOR VETERANS AT STATE BUILDINGS.

This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for a veteran at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the veteran’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 11 Mar 2026 17:24:22 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142877 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLES 21 AND 29 OF THE DELAWARE CODE RELATING TO A DESIGNATED PARKING SPACE FOR PREGNANT PERSONS AT STATE BUILDINGS.

This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for pregnant persons at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the pregnant person’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 11 Mar 2026 17:24:08 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142714 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION AND CERTIFICATES TO OPERATE.

This Act requires any person or entity seeking to begin the business of using 30 megawatts (MW) of electricity or greater to first obtain a Certificate to Operate (“COP”) from the Public Service Commission. The Act also provides that any person or entity seeking to change an existing facility, that will increase the usage to 30MW or greater, triggers the provisions of this Act and must obtain a Certificate to Operate from the Public Service Commission. Section 203G(a) provides that Section 203G does not apply to public utilities engaged in business in their service territories. Under Section 203G(c), the Commission must act upon a COP application within 90 days of submission of a completed application. For good cause shown, and if the Commission finds that the public interest would be served, the Commission may extend the date of its action on a COP application for an additional period not to exceed 90 days. Section 203G(d) lists the factors that the Commission must consider in determining whether to grant a COP, which include the impact of granting the COP on the State’s economy, the impacts to the State’s ratepayers, and whether the application is consistent with the achievement of the State’s greenhouse gas emissions reductions targets, as specified in § 10003 of Title 7. Section 203G(e) sets forth the circumstances under which the Commission may, for good cause, undertake to suspend or revoke a COP. Section 203G(f) provides that Commission proceedings under the section involving a COP shall be conducted in accordance with subchapter III, Chapter 101 of Title 29. Sections 203G(g) and (f) make provision for the State Energy Office and local governments with land use jurisdiction over the development plan to intervene in the Public Service Commission proceedings. Section 203G(i) requires the written approval of the Commission to transfer a COP. Section 203G(j) provides that the Commission shall have the authority to promulgate regulations to fully define the requirements necessary for the implementation of section 203G.]]> Wed, 11 Mar 2026 17:08:57 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142883 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DRIVER EDUCATION CERTIFICATION.

This Act updates how academic eligibility for driver education certification is calculated because many high schools have moved from the traditional 7-period school day to various forms of block scheduling. Under this Act, the Department of Education must establish, through regulations, how equivalent credit is calculated for courses taught on a block schedule or when the full length of a course is less than 1 year. This Act also adds world language to the academic courses from which a student may satisfy the credit requirement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 11 Mar 2026 17:08:03 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142903 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LEAD TESTING.

This Act amends the Childhood Lead Poisoning Prevention Act to update the statutory definition of confirmatory blood lead testing for children under 16 years of age. The Act allows a confirmed elevated blood lead level to be established either through a venous blood lead test or through two capillary blood lead screenings collected within 12 weeks of each other, provided that the applicable lead reference value is met or exceeded. Two positive capillary blood lead screenings yield an effective specificity of approximately 99.75% when properly collected. This change is consistent with the Centers for Disease Control and Prevention surveillance case definition, reduces barriers to case identification and management, and requires conforming regulatory updates. ]]> Wed, 11 Mar 2026 16:11:26 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142908 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill.  This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities. ]]> Wed, 11 Mar 2026 16:11:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142403 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election. Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party. Members of a political party are not allowed to crossover and vote in another political party's primary election]]> Wed, 11 Mar 2026 16:10:04 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142896 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.

This Act makes it an unlawful practice to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe that person is engaging with an actual human, without notifying the consumer that the consumer is communicating with a computer and not a human being. It provides a private right of action for damages. It provides that a violation is an unlawful practice and prohibited trade practice. It permits the Attorney General to seek injunctive relief and a civil penalty of not more than $5 million dollars for violations. This Act is effective 180 days after its enactment into law. ]]> Tue, 10 Mar 2026 15:42:47 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141739 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

Under current Delaware law, if a labor dispute constitutes a lockout, employees who meet all other eligibility requirements qualify for unemployment benefits from the date they file their claim. However, if a labor dispute does not constitute a lockout, employees do not qualify for (i.e. are disqualified from receiving) unemployment benefits. This Act changes the law to allow an employee who is subject to a labor dispute, other than a lockout, to collect unemployment benefits after a 2-week waiting period, if the employee meets all the eligibility requirements for unemployment benefits, including being able and available for work and completing weekly job requirements. This Act provides that the 2-week waiting period established by this Act is waived if one or both of the following apply: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. The Department of Labor may impose a penalty on an employer who fraudulently certifies the ability of an employee to return to the employee’s prior position on conclusion of the labor dispute. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 10 Mar 2026 15:42:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142907 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CREDIT CARD FEES.

This Act prohibits payment card networks from establishing or charging transaction fees on tips on credit card transactions. Violations are punishable by a penalty of $1,000 per electronic transaction and the wrongful fees must be refunded. ]]> Tue, 10 Mar 2026 15:42:15 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142924 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.

This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.]]> Tue, 10 Mar 2026 12:31:11 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142906 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 AND TITLE 25 OF THE DELAWARE CODE RELATING TO A RESIDENTIAL LANDLORD TENANT GUIDE.

This Act establishes the Rights and Responsibilities Guide for Landlords and Tenants Committee (“Committee”) within the Delaware Real Estate Commission (“Commission”). The Commission is tasked with drafting, maintaining, and distributing a comprehensive, statewide rights & responsibilities guide (“guide”) for landlords and tenants with support from the Committee. This guide will reference responsibilities that a tenant or landlord must follow, including federal, state, county, and municipal requirements. This Act also requires a landlord or real estate service provider to provide the guide to prospective tenants entering a landlord-tenant relationship governed under Part III of Title 25. The guide must also be provided at each time a rental agreement is renewed if the renewal is for a term of 1 or more years. The guide may be provided in electronic or paper format. The guide is deemed a statutorily required form under 24 Del. C. § 2912. Real estate service providers may be subject to discipline for misrepresenting the availability or content of the required form. Additionally, failure to provide the guide when required is deemed an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II of Chapter 25 of Title 6. Section 4 of this Act requires the Commission to provide a report to the General Assembly with findings about what disclosures or documents are required to be made to tenants independent of the guide and whether the Commission recommends other law be changed to incorporate those disclosures and documents into the guide. This Act is effective upon enactment into law and, except for the penalty provisions, is to be implemented the earlier of the following: (1) One year from the date of the Act’s enactment. (2) Notice by the Director of the Division of Professional Regulation published in the Register of Regulations that both of the following have occurred: a. The report required under Section 4 of this Act has been provided to the General Assembly. b. The guide this Act creates has been published by the Delaware Real Estate Commission. Penalty provisions are to be implemented 180 days after the remainder of the Act is implemented. If this Act is implemented before the report under Section 4 of this Act is provided to the General Assembly, the report must be provided to the General Assembly within 180 days after the Act is implemented.]]> Tue, 10 Mar 2026 11:18:27 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142553 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.

This Act requires a lease to set forth clear procedures for the surrender of rental unit keys at the end of the rental term in residential leases, and provides default procedures for key return when there is no lease provision or other agreement.]]> Tue, 10 Mar 2026 11:18:17 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142621 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WAREHOUSE WORKER PROTECTIONS.

This Act establishes worker protections for employees who work in a warehouse distribution center. This Act requires employers to provide each employee with a written description of any quota the employee may be subject to during their scope of employment. This Act prohibits an employer from requiring an employee to meet a quota that would prevent the employee from being able to have meal and rest periods as required by Department of Labor standards. Adverse action may not be taken against an employee by an employer for failure to meet a quota that does not allow for meal and rest periods. The Act permits an employee to request a written description when they believe a quota prohibited them from receiving appropriate meal or rest periods. Any discriminatory or retaliatory action taken against an employee within 90 days of the employee making a written request or complaint creates a rebuttable presumption of retaliation by the employer. The Act establishes the Secretary of Labor’s authority to enforce and pass regulations to effectuate this Act, including remedies and relief available to the Department of Labor. ]]> Thu, 29 Jan 2026 14:11:25 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142749 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

This Act requires the State to preserve all biological evidence in its custody that is secured in relation to an investigation or prosecution of a crime, for the period of time that the crime remains unsolved or the period of time that a person convicted of the crime remains in custody, regardless of whether the person pleaded guilty. “Biological evidence” in this context includes any item that may contain identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person. The State may destroy evidence that may contain biological material before the expiration of those time periods if all of the following are true: (1) more than 5 years have elapsed since the criminal conviction became final and all appeals are exhausted; (2) the evidence is not in relation to an investigation or prosecution of a Class A to Class E felony; (3) no other provision of federal or state law requires the State to preserve the evidence; (4) the State sends certified delivery of written notice of its intent to destroy the evidence to certain specified recipients, including any person who remains in custody as a result of the criminal conviction, delinquency adjudication, or commitment related to the evidence; and (5) no person who has received such notice, within 180 days of receiving the notice, files a motion for testing of evidence under § 4504 of Title 11 of the Delaware Code or submits a written request for retention of the evidence. In addition, the State is not required to preserve physical evidence that is of a size, bulk, or physical character that makes retention impracticable, but in that case, the State must remove and preserve portions of the evidence that may contain biological evidence related to the offense. If the State is called upon to produce biological evidence that cannot be located and whose preservation was required under the Act, then the court must hold a hearing to determine whether the failure to produce evidence was the result of intentional and willful destruction. If so, the court then must order a postconviction hearing, at which the court will infer that the results of the postconviction DNA testing would have been favorable to the petitioner, and impose other appropriate sanctions and order appropriate remedies. In addition, the Act requires the Delaware Police Accreditation Commission and Division of Forensic Science to study, promulgate, and implement procedures that effectuate the legislative intent of the Act regarding the proper preservation of biological evidence. The Act takes effect 30 days after its enactment into law.]]> Thu, 29 Jan 2026 14:11:04 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142655 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES.

This Act requires regulated utilities to establish a separate rate for large energy-use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. The Public Service Commission will consider the following factors in determining whether to approve a rate application: 1. Whether the rates have the potential to result in increased rates or unwarranted risk to other retail electricity customers. 2. Whether the rates will provide for equitable contributions to grid efficiency, reliability, and resiliency. 3. Whether the rates will impede the utility’s ability to meet renewable energy targets and reduce greenhouse gases consistent with state policy. 4. Whether the rates will allow for procurement of, or contracts for, generation resources that support the electric utility’s ability to meet renewable energy targets and reduce emissions of greenhouse gases consistent with state policy. 5. Meet any other conditions required by the Commission in the public interest. This Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date. ]]> Wed, 28 Jan 2026 18:18:57 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142734 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY COUNCIL.

This Act makes changes to the New Castle County Council. This Act allows the members of the Council to elect a president from among themselves. To do so, this Act increases the number of councilmanic districts from 12 to 13 following the 2030 decennial census, effective with the general election following the redistricting, and removes provisions allowing for the election of a president from the county at-large. This Act also makes changes to the procedures for filling a vacancy on the Council by removing provisions pertaining to holding a special election in the event of a vacancy in the office of the President. This Act gives the Council authority to elect a new president following a special election to fill any vacancy from among its members, and retains the already existing authority to elect a president pro tempore in the event of a vacancy. This Act also makes technical corrections to existing law to conform to the standards of the Legislative Drafting Manual.]]> Wed, 28 Jan 2026 13:32:04 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142437 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN AND THE COUNTY AND MUNICIPAL EMPLOYEES RETIREMENT PLAN.

This Act allows a paid emergency medical technician working for a participating employer to be eligible for the County Municipal Police/Firefighter Pension Plan. It also makes conforming changes to other sections of the Code. In addition, this Act will exclude firefighters and EMTs hired after the effective date of this Act from participating in the County and Municipal Employees’ Fund, in order to ensure the State’s pension plans comply with federal tax and pension law. Going forward, employees who work as paid firefighters, EMTs, or both will be eligible only for the Police/Firefighter Pension Fund. Technical corrections to existing statutory language are also made as follows: (i) to eliminate § 8806 of Title 11, which is duplicative of § 8308 of Title 29 and therefore unnecessary; (ii) to conform the title of § 8814 with its content; (iii) to correctly list the entities which may participate in each plan and the requirements for doing so; (iv) to correct cross-references that are incorrect in the current Code.]]> Wed, 28 Jan 2026 12:27:39 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142810 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S RIGHT TO EARLY LEASE TERMINATION.

This Act is a Substitute for SB 34 and differs from SB 34 in the following ways: • Moves the provision for lease termination to purchase a home from § 5314(b) of Title 25 to a new subsection (c) under §5314 of Title 25. • Does not make technical changes to § 5314(b) of Title 25. • Requires the tenant to give the landlord a signed agreement of sale at the same time the tenant gives the landlord notice of early lease termination to purchase a home. • Changes the notice a tenant is required to give for terminating a lease to purchase a home from 30 days to 60 days. • Clearly states that the lease terminates after the 60-day period. • Allows the landlord and tenant to agree to extend the 60-day period by signing a written agreement. • References that § 5514(c)(3) allows a landlord to deduct reasonable expenses, incurred in rerenting after early lease termination, from the tenant’s security deposit. This Act allows a tenant to terminate a rental agreement early if purchasing a home by providing 60 days' written notice to the landlord, along with a copy of the agreement of sale. The 60-day period begins on the first day of the month after the day the notice is given, but the landlord and tenant may agree to extend the lease termination date past the 60-day period by written agreement signed by the landlord and tenant. This Act also references that a landlord may deducting reasonable expenses incurred in rerenting the premises, up to 1 month’s rent, from the tenant’s security deposit as provided under § 5514(c)(3) of Title 25.]]> Fri, 23 Jan 2026 15:20:16 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142193 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL CRUELTY.

This Bill updates Title 11 of the Delaware Code relating to animal cruelty. After 2 misdemeanor violations of this section, currently class A misdemeanors, all further violations are to be upgraded to class F felonies. Also, after the first felony violation of the statute, currently a class F felony, which involves intentionally killing or causing serious injury to any animal in violation of the statute, all further violations are to be upgraded to class E felonies. Also, any person convicted of a felony violation a second time shall be prohibited from owning or possessing any animal for the remainder of their life without exception.]]> Wed, 21 Jan 2026 17:04:50 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142415 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STALKING.

This Act expands the definition of a “course of conduct” in the stalking statute and also provides that if the court finds as a matter of law that acts subject to this statute are in fact constitutionally protected activities, then all evidence associated with those activities must be excluded. This Act raises stalking under § 1312(c) from a class F to a class D felony. And also raises stalking under § 1312 (b) from a class G to a class E felony. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> Wed, 21 Jan 2026 16:51:23 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142737 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO SPECIAL ELECTIONS FOR GENERAL ASSEMBLY.

Like House Bill No. 183, House Substitute No. 1 for House Bill No. 183 (Substitute) provides for special primary elections when there are special elections for vacancies in either house of the General Assembly. This Substitute differs from HB 183 because there is only 1 writ of election and this writ includes the dates for both the special primary election and the special general election. Under this Substitute, the procedure for special elections to fill a vacancy in the General Assembly is as follows: • The writ of election (writ) must be issued within 5 days of the creation of the vacancy and must provide the date of the special primary election, the date of the special general election, and the deadlines for candidates to file and withdraw. • The date of the special primary election must be between 35 and 40 days after the date of the writ and the date of the special general election must be between 35 and 40 days after the date of the special primary election. • If the special primary election is not necessary, the State Election Commissioner will provide notice in the same manner as when there is no contest for a regular primary election under § 3105 of Title 15. • Candidates have 5 days to file and must schedule the appointment necessary for a criminal history background check no more than 24 hours after the filing deadline. Like HB 183, this Substitute shortens the time between some steps in the current process. Under this Substitute, the special general election will only be between 35 and 40 days later than when the special election is held under current law. These time periods accommodate 10 days of early voting before the day of each special election and are feasible with current technology and practices. Early voting and absentee voting requirements and procedures remain the same as for regular elections. In addition, this Substitute modifies the procedure for special elections during a year with a general election. These modifications are consistent with current law and are necessary to avoid holding a special election that is too close to either the regular primary or general election to be feasible for the Department of Elections or to avoid holding multiple elections for the same office within a few months. Under this Substitute, in a year with a general election, special elections are modified 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 otherwise be on or after May 15, special elections are not held and the vacancy is filled by that year’s primary and general elections. May 14 is the last day that there would be time to hold a special general election before the end of the regular legislative session. • If the vacancy occurs in a year with a general election but the vacancy is for an office that is not on the general election ballot, the dates for special elections are modified as follows: 1. If the date of the special primary election would be on or after May 15 and on or before the date of the primary election, the date of the special primary election is the same as the primary election and the date of the special general election is the same as the general election. 2. If the date of the special primary election would be after the date 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 Substitute also differs from HB 183 as follows: • During a year with a general election, May 14 is the last day a special primary election is held before the regular primary if the office being filled is not on the general election ballot. This date is changed from June 30 to be the same as when the office being filled is on the general election ballot. • Changes the deadline for a candidate's criminal history background check appointment from 48 to 24 hours after the filing deadline. • Fills a gap in current law by addressing the nomination of a candidate if no candidates of a party have filed for a legislative district that includes area in 2 counties and 1 of those counties does not have a county committee. • Revises the notice requirements to align with those requirements for regular primary and general elections. • Adds references to the general election laws applicable to special elections under § 7106 of Title 15. • Makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Wed, 14 Jan 2026 14:53:23 -0500 153 https://www.legis.delaware.gov/BillDetail?legislationId=142654 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLICATION OF STATE PUBLIC INTEGRITY COMMISSION REPORTS.

Like House Bill No. 155, this Act ensures that State Public Integrity Commission reports be made available to the public on the Commission's website. House Substitute 1 for HB 155 clarifies that reports filed with the State Public Integrity Commission, as well as those prepared by it, must be published on the Commission’s website. This Act also changes the effective date of the Act to January 1 after its enactment into law.]]> Fri, 27 Jun 2025 14:53:10 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142568 Delaware House - Out of Committee Legislation 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 in this State expanded polystyrene foam food service packaging products, most expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, such as packing peanuts. These types of expanded polystyrene foam products 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 food service packaging products, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, this Act helps protect the environment from harmful waste. The Act does allow for certain uses of expanded polystyrene packaging (e.g., trays for raw or butchered meat) when necessary for health and safety reasons. This Act also allows for a temporary waiver of its prohibition on expanded polystyrene foam food packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging if there is not a financially feasible or commercially available alternative for a specific expanded polystyrene foam product prohibited under this Act, and the retail store or wholesaler can show that the ban will cause a significant financial hardship. This Act is a Substitute for Senate Bill No. 130. It differs from Senate Bill No. 130 as follows: 1. Specifies that the prohibition on expanded polystyrene foam products is limited to expanded polystyrene foam food service packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging such as packing peanuts. 2. Clarifies that the prohibition on these products applies only to products sold in Delaware, by Delaware retail stores and wholesalers, and narrows the definitions of retail stores and wholesalers accordingly. This change is being made to alleviate concerns that the Act attempted to regulate expanded polystyrene foam products sales in other states. 3. Explicitly excludes food establishments such as restaurants from the definition of “retail store”, as the use of polystyrene foam food service products in food establishments is already regulated under § 3004Q of Title 16. 4. Removes language that had allowed the Department of Natural Resources and Environmental Control the discretion to create new exemptions. 5. Creates an exemption for expanded polystyrene coolers used to transport or ship live fish or other marine life. 6. Consolidates the waiver provisions into a single provision that allows for a 1-year renewable waiver in cases where compliance with is not a financially feasible and commercially available alternative for a specific expanded polystyrene foam product and the retailer or wholesaler can show that the ban will cause significant financial hardship. This Act takes effect on January 1, 2027. ]]> Thu, 26 Jun 2025 20:10:43 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142638 Delaware House - Out of Committee Legislation 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 Substitute to House Bill No. 111 prohibits food establishments from providing any single-use food service items unless requested by a customer, requires food establishments to provide options to allow the customer to request such items, prohibits food establishments from inquiring into the reason for a request for single-use food service items, and allows food establishments to maintain self-serve stations at which single-use food service items are available. This Substitute sets forth penalties for third and subsequent violations of this Act, not to exceed a cumulative total of $1,500 per year. This Substitute exempts, for purposes of this Act, nonprofit organizations, schools, early childhood centers, health care facilities, facilities operated by the Department of Children, Youth, and Their Families, and Level IV and Level V Department of Correction facilities from the definition of “food establishment.” The penalty provisions of this Act are effective 2 years after enactment. This Substitute includes language to clarify that “single-use food service items” do not include items used to contain or secure food or beverages that are delivered, picked up, or taken to go from a food establishment, such as cups, boxes, sandwich picks, wrappers, and bags. Also for clarity and to address confusion arising out of House Substitute No. 1 to House Bill No. 111, this Substitute does not include an unchanged subsection of existing code that is unaffected by and does not affect the provisions of this Act.]]> Thu, 26 Jun 2025 12:45:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142434 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON ELECTED OFFICIALS RUNNING FOR A DIFFERENT ELECTED POSITION.

This Act is the first leg of a constitutional amendment that requires a person holding elected office to resign from office before being eligible as a candidate for a different elected office. Elected office includes the office of the Governor, the Lieutenant-Governor, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State. The Governor and Lieutenant-Governor, however, are not required to resign from office should they run for a different elected office. 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, 18 Jun 2025 18:00:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142413 Delaware House - Out of Committee Legislation REQUESTING THE DEPARTMENT OF EDUCATION TO STUDY AND REPORT TO THE GENERAL ASSEMBLY POSSIBLE CHANGES TO DELAWARE'S STUDENT ASSESSMENT SYSTEM.

This Resolution directs the Department of Education to conduct a comprehensive review of alternative student assessment models, including through-year and growth-based systems, with particular attention to how such systems can better serve students with learning disabilities.]]> Wed, 18 Jun 2025 16:57:33 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142416 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.

This Act amends the Delaware Code to allow for a respondent in a protection from abuse proceeding to consent to the entry of a permanent protection order without the need for the Court to make a finding as to the presence of the aggravating factors of 1045(f) of Title 10. ]]> Wed, 18 Jun 2025 16:32:06 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142264 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO EARNED WAGE ACCESS SERVICES PROVIDERS.

Earned Wage Access (EWA) is a Fintech product that allows workers to voluntarily access the money they have already earned during a pay-period for work they have already completed, ahead of their scheduled payday. Users primarily access EWA services through a mobile app and are only able to withdraw wages their EWA provider has verified that they have already earned. This verification process, coupled with the fact that EWA transactions are non-recourse and credit-invisible make the product distinct from loans and credit cards. As an innovative financial product with distinct characteristics that do not fit within existing regulations, EWA requires a distinct regulatory framework. Currently, more than 100,000 workers in Delaware have already used Earned Wage Access services, which are mostly unregulated in the state. This bill helps ensure that responsible EWA providers can operate under the supervision of Delaware’s banking regulator and continue to serve users in the state of Delaware. Moreover, this bill codifies a regulatory framework that recognizes the distinct characteristics of EWA products and will keep Delawareans protected from bad actors who might seek to use the “Earned Wage Access” moniker, while instead offering a predatory product. Specifically, this bill protects consumers in Delaware by creating a new Earned Wage Access provider license, issued by the Office of the State Bank Commissioner to companies whose products meet the following criteria, ensuring that: • All users have at least one reasonable no-cost option for each transaction • All fees and gratuities are clearly and transparently represented to users before they confirm their transactions • EWA transactions are credit-invisible, that providers do not check a user’s credit before issuing EWA services, nor do they report to a credit agency if a user cancels their service • EWA providers do not pursue recourse against users including charging interest, late fees, or sending unresolved EWA transactions to collections ]]> Wed, 18 Jun 2025 16:12:25 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142556 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

HB181 removed penalties for all violations of the Family and Medical Leave Insurance Program until January 29, 2029. The substitute revised this timeline to two years for some violations, making them effective January 1, 2027, and maintains violations for § 3707 of the act-leave and employment protection and § 3708 of the act-retaliatory personnel actions prohibited. For those employers who do not remit contribution collected from employees, as the Family and Medical Leave Insurance Program allows, this will be a violation considered wage theft under 19 Del. C §1102A(a)(3). ]]> Tue, 17 Jun 2025 16:36:36 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142424 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 REGARDING CIVIL PENALTIES FOR SPEEDING.

This Act allows an additional assessment to be assessed for a speeding violation, proven through information captured on an electronic speed monitoring system, that exists in § 4101(j) of Title 11. This assessment was previously not permitted to be assessed unless the speeding occurred in a work zone. The assessment is $10 and is paid to the Volunteer Ambulance Company Fund. It also makes technical corrections to conform to the requirements of the Delaware Legislative Drafting Manual.]]> Tue, 17 Jun 2025 13:02:58 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142068 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO RESPIRATORY CARE PRACTITIONERS.

This Act updates the Respiratory Care Advisory Council to the Board of Medical Licensure and Discipline’s enabling act to allow qualified licensed respiratory therapists to perform all duties associated with extracorporeal life support. Under the current law, respiratory therapists are authorized to assist with such support but may not administer medication during the process. As a result, a therapist is required to wait for another licensed professional to do so, resulting in delays to patient care. This bill eliminates this delay in patient care and allows qualified respiratory therapists to work within the full scope of their training. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]> Tue, 17 Jun 2025 11:20:46 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142396 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EXTRA DUTY SERVICES BY LAW ENFORCEMENT OFFICERS.

This Act is intended to assist homeowners associations with the troubling, challenging public-safety issue of speeding on subdivision streets. This Act provides that any fines for violations of any provision under Title 21 of the Delaware Code, if the fine was issued by an off-duty law enforcement officer acting in an “extra duty” capacity, shall be applied to offset or refund any amounts owed or paid for the law enforcement officer’s extra duty services. “Extra duty,” in this context, means a law enforcement service performed by an off-duty law enforcement officer hired and paid for by a private person or entity. “Extra duty” services include traffic control, patrolling a specific location, and providing security. The purpose of this Act is to allow private persons and entities, such as homeowners associations, to recoup the costs of hiring law enforcement officers for extra duty services.]]> Wed, 11 Jun 2025 17:03:45 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142104 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURAL LEASES OF STATE-OWNED LAND.

This Act requires the State and any political subdivision of the State to notify the Farm Bureau when State-owned land is listed for bidding for agricultural use. This requirement applies to land that is at least 10 acres in size and is used or intended to be used for agricultural use. The requirement to notify the Farm Bureau is in addition to, and not in lieu of, any other notice required by law.]]> Wed, 11 Jun 2025 16:04:16 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142024 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.

This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General. ]]> Wed, 11 Jun 2025 13:29:51 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141891 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF INDIVIDUALS CHARGED WITH CRIMES OR DELINQUENCY.

This Act extends certain limitations on the publication by law-enforcement of the name and photograph of crime suspects. Currently the Code prohibits the publication of the name and photograph of a juvenile suspect unless the juvenile is charged with a violent felony and the publication is necessary to protect the public’s safety. This Act would prohibit the release or publication of an adult suspect’s name or photograph unless the individual is charged with or suspected of a felony and the release is necessary to protect the public’s safety.]]> Wed, 11 Jun 2025 13:29:44 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142414 Delaware House - Out of Committee Legislation AN ACT AMENDING TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC STOPS.

This Act requires officers to enter the primary reason for a traffic stop into DELJIS at the time of the stop. The Statistical Analysis Center will have access to the data for the purpose of analyzing traffic stop practices. ]]> Tue, 10 Jun 2025 19:11:23 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142224 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent removal of the right to vote. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (4) Defines terms related to imprisonment and community supervision. (5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). Section 2 of this Act removes the suspension of the right to vote as a punishment for violation of certain election offenses. 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, 21 May 2025 18:06:35 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142324 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO PAYMENTS IN LIEU OF TAXES FOR LOW-INCOME HOUSING TAX CREDIT PROPERTIES.

This Act creates a uniform framework under which a county or municipality may enact an ordinance that exempts Low-Income Housing Tax Credit (LIHTC) properties from property taxes and instead, require that a LIHTC property make an annual payment in lieu of taxes equal to 5% of the LIHTC’s annual net income as reported to the Delaware State Housing Authority (DSHA). Under this Act, a LIHTC property that is exempt from property taxes is also exempt from taxation by school districts. Allowing LIHTC properties to make a payment in lieu of taxes, acknowledges the public benefit of the affordable housing provided by LIHTC properties. The Internal Revenue Service LIHTC was created in 1986 by the federal government to encourage a private/public investment to preserve and construct new affordable rental housing. Alone and in combination with tax exempt private activity bonds, the LIHTC has been the most productive source of affordable housing financing in the nation’s history. DSHA receives an annual tax credit amount and awards credits annually through a competitive process. The awards are based on criteria outlined in DSHA’s Qualified Allocation Plan. The equity raised through the tax credit investment makes it possible for developers to attract the financing needed to create or restore low-income rental housing. A LIHTC project must comply with a number of requirements including the timeframe from the award to when the building is placed in service, tenant income restrictions, maximum rent levels, and percentage of low-income occupancy. All buildings financed with the LIHTC are subject to a land use covenant to enforce program compliance for the entirety of the affordability period.]]> Wed, 21 May 2025 16:42:35 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142292 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REQUIREMENT FOR THE DEPARTMENT OF EDUCATION TO PROVIDE INFORMATION ON TYPE 1 DIABETES.

This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each school district shall make the informational materials available to the parents or guardians of students enrolled in their districts.]]> Wed, 21 May 2025 16:40:26 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142070 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY DEATH BENEFITS.

This bill expands line-of-duty benefits to cover previously covered persons, such as retirees, whose death is the proximate result of actions by a person seeking retaliation against the previously covered person for performing the duties of their former office or position.]]> Tue, 20 May 2025 15:33:30 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142317 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.

This bill denies the state’s contribution to an individual’s pension if they were employed by the Department of Education of various school systems if they are convicted of various crimes against children. The acts must be in connection with the individual’s employment. Survivors of the individual shall still be entitled to survivor benefits.]]> Tue, 20 May 2025 12:35:15 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141748 Delaware Senate - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO REDISTRICTING.

This Act is the first leg of a constitutional amendment to create an independent redistricting commission to redistrict Senatorial and Representative districts following each federal decennial census. The purpose of this Act is to establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in this State. To achieve this purpose, this Act establishes the Independent Redistricting Commission (“Commission”). The Commission is responsible for drawing the boundaries of Delaware's Representative and Senatorial districts every 10 years, following each decennial census. The process begins with the selection of a pool of 24 potential Commission members by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool must include 8 candidates from each of the State’s two largest political parties and 8 candidates that are not a member of either of the State’s two largest parties. Before the selection of Commission members from the pool of 24 potential Commission members, the following individuals each have the opportunity to strike one candidate from the pool: the Speaker of the House of Representatives, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Commissioner of Elections will draw by lot until the following conditions are satisfied: (1) The Commission has 5 members, with 1 member from each county, plus 1 member from the City of Wilmington, plus 1 member from anywhere in this State. (2) Two members of the Commission are members of the State’s largest political party, 2 members of the Commission are members of the State’s second largest political party, and 1 member of the Commission who is not a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the 5 years before appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting and from registering as a federal or state lobbyist for 5 years following the term as a Commissioner. Once established, the Commission must prepare a preliminary redistricting plan and report for public distribution, and 4 public hearings must be held before a final redistricting plan and report is approved by the Commission. The Commission is to be guided in this task by standards and criteria established in this Act, including that the redistricting plan provide effective representation for all residents of this State, including racial, ethnic, and language minorities, and meeting the following criteria: (1) The districts are to be formed of contiguous territory. (2) The districts are to be nearly equal in population, with no more than 5% population deviation between districts. (3) The districts are to be bounded by major roads and streams or other natural boundaries. (4) The districts are to be created so as to not unduly favor any person or political party. (5) The districts are to comply with all standards mandated by federal law, including the federal Voting Rights Act, 42 U.S.C. §§ 1971 et. seq., or any successor law. (6) The districts are to comply with the criteria for counting incarcerated individuals for redistricting purposes, as established by an act of the General Assembly. (7) The districts are to be created to consider and preserve communities of interest. The Commission is to be advised in its efforts by 4 advisory committees, one for each county and one for the City of Wilmington. Each advisory committee is to consist of 12 members appointed by the Commission. The members must be diverse in terms of race, ethnicity, gender, and geographic location, and, to ensure that an advisory committee makes well-informed recommendations, expert members in the fields of election law, redistricting, demographics, political science, community organizing, and data visualization must be appointed through a transparent and inclusive process. For the Commission’s final redistricting plan and report to become law, the plan and report must pass both Houses of the General Assembly with the concurrence of a majority of all members elected to each House, but not presented to the Governor for action. If the General Assembly fails to pass the Commission’s final plan and report or revised final plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. If the Commission fails to adopt a preliminary, final, or revised final redistricting plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. The Supreme Court has original and exclusive jurisdiction to resolve challenges to the final redistricting plan and report enacted by the General Assembly or itself. If a redistricting plan and report adopted by the General Assembly is adjudicated unconstitutional or in violation of the law of this State or federal law, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. 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. 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. ]]> Wed, 14 May 2025 16:22:12 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141895 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION AND ARRESTS.

Under this Act a law-enforcement officer of this State is not allowed to do any of the following: (1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law. (2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number. (3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers. ]]> Wed, 14 May 2025 15:29:18 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141797 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO AUTONOMOUS VEHICLES.

This Act prohibits any autonomous vehicle that requires a Class A commercial driver license without an O restriction from being operated on a Delaware highway for testing purposes, transporting goods, or transporting passengers without a human safety operator being physically present within the autonomous vehicle. A two-thirds vote requirement is required under Section 28 of Article IV of the Delaware Constitution. ]]> Wed, 14 May 2025 11:26:17 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141892 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MIGRANT EDUCATION.

This Act requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. The program must provide the same services that were provided or were required to be provided under the Elementary and Secondary Education Act on January 19, 2025. If federal funding is insufficient to meet the needs of migratory education, the Delaware Department of Education must identify, transfer, or request the appropriation of supplemental funding from the State or other sources to ensure no interruption in services.]]> Wed, 07 May 2025 17:05:01 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142180 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

In Cornette v. State, 2024 Del. Super. Lexis 455 (June 11, 2024), the Superior Court denied a discretionary expungement because the applicant’s case included a Title 21 conviction. The Court held: “Pursuant to 11 Del. C. § 4372, in order for the Court to grant expungement the entire case must be eligible for expungement. This means that all charges within one case must be expungable. The Court will not split convictions and expunge a conviction in one case where the other charges within the same case are not expungable.” This Act makes all of the following clear: (1) The General Assembly’s intent in enacting some of the recent changes to Delaware’s expungement laws was to make clear that Title 21 offenses do not operate as a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the Title 21 offenses are combined in the same case with other offenses that are eligible for expungement. (2) A civil violation is not a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the civil violation is combined in the same case with other offenses that are eligible for expungement. (3) The definition of “case” does not include a Title 21 offense, or an equivalent offense, or a civil violation that is or could be joined for prosecution with another charge or set of charges related to a complaint or incident. Therefore, a court or the State Bureau of Identification may not deny a request for a discretionary or mandatory expungement under this subchapter because the set of charges for which the discretionary or mandatory expungement is sought includes a conviction of a Title 21 offense, or an equivalent offense, or a finding of, or agreement to, responsibility for a civil violation. (4) Driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death are not eligible for discretionary expungement as they are not reported on certified criminal histories. (5) References to Title 21 offenses include an offense under any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any offense under Title 21 of the Delaware Code.]]> Wed, 07 May 2025 16:35:56 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142043 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO HOUSING.

Accessory dwelling units (ADUs), also known as in-law units or garage apartments, are valuable and convenient forms of housing that can help to increase Delaware’s housing supply. In order to expand affordable housing opportunities, this Act requires local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements. This Act carries a 2/3 vote requirement as it may indirectly affect municipal charters. ]]> Wed, 07 May 2025 16:35:25 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141711 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR RELATING TO NOMINATIONS AND ELECTIONS AND THE POWER TO BORROW MONEY AND ISSUE BONDS.

This Bill amends the Charter of the Town of Delmar in multiple respects. In Section 7 of the Charter, which involves Nominations and Elections, every person over the age of 18 years who has resided in the town for 30 days prior to the election will be permitted to vote in the election, as opposed to the previous six-month residency requirement. The Town of Delmar will also adopt the State's Voter Registration System as the source of its list of registered voters but reserves the right to deny any names from the list of voters who have moved from the Town, no longer own property within the Town, or are otherwise disqualified from voting. Section 24 of the Charter is also amended to raise the permissible bond amount to be authorized via resolution by Town Council from one million to 10 million dollars.]]> Wed, 07 May 2025 16:33:59 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=142019 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF STUDENT RECORDS.

This Act prohibits the DOE, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the DE AG. ]]> Wed, 09 Apr 2025 18:23:18 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141980 Delaware House - Out of Committee Legislation 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 allow the General Assembly to enact laws for the registration of voters without restrictions on the time period in which registration must be closed prior to an election. It also requires the General Assembly to provide by law for means to ensure the accuracy and integrity of voter registration. This Act is in response to the Supreme Court’s decision in Albence v. Higgin, 2022 Del. LEXIS 377 (Del. 2022) which found a same-day registration statute to be “incompatible with Section 4 [of Article V of the Constitution]’s registration deadline and its relationship to the appeal and correction process.” 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 16:17:09 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141897 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DIVISION OF MOTOR VEHICLES DATA PRIVACY.

This Act limits circumstances in which personal identifiable information about applicants or holders of driving privilege cards may be released to those instances where the Delaware Attorney General gives specific approval or where the request for information is in a valid court order. It also amends existing provisions relating to disclosure of driver and motor vehicle information to limit the disclosure or re-disclosure of citizenship or immigration status information and related sensitive personal information. Such information may be released pursuant to a court order, with the approval of the Delaware Attorney General, for voter registration purposes, and where otherwise explicitly authorized by statute.]]> Wed, 09 Apr 2025 14:42:37 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141953 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO RECORDINGS OF MEETINGS OF PUBLIC BODIES.

This Act requires that under the Freedom of Information Act (FOIA), Chapter 100 of Title 29, public bodies must make digital recordings of meetings, post these recordings on their website within 7 business days after the meeting concludes, and keep the recording on the website for at least 1 year. If the meeting has an executive session, the executive session portion of the recording may be withheld from the digital recording posted on the website. The digital recording may be audio only and a technological failure that prevents or limits the digital recording of a meeting does not invalidate the meeting or an action taken at the meeting. This Act also makes corresponding changes to existing laws that require school district boards, boards of charter schools, the State Board of Education, and the full Board of Trustees of public institutions of higher learning to make and post digital recordings of board meetings. In addition, because school district boards, boards of charter schools, and the State Board of Education are subject to the meeting requirements under FOIA and specific meeting requirements scattered throughout Title 14, this Act clarifies that when there is a difference between requirements under Title 14 and requirements under FOIA, the requirements under Title 14 apply. Specifically: Section 1 adds the digital recording requirements and exceptions for meetings of public bodies to FOIA as § 10004(f)(5) of Title 29. Section 2 requires that the digital recording of a meeting of the full Board of Trustees of public institutions of higher learning be posted on a public website within 7 days business days of the meeting, instead of “within a reasonable time”. Section 3 revises the digital recording requirement for State Board of Education meetings to require that recordings remain on the website for at least a year and adds a reference to § 10004(f)(5) of Title 29 so that recordings of executive sessions are now required but that portion may be withheld from the recording posted on the website. Section 3 also removes the exception that does not require digital recordings of committee meetings because under FOIA, committee meetings are subject to the same open meeting requirements as a meeting of the full State Board of Education. Section 4 adds references to § 10004(f)(5) of Title 29 to the current recording requirements for meetings of boards of education of public school districts, vocational-technical high school districts, and boards of directors of charter schools. Section 5 and Section 8 clarify that if there is a conflict between a requirement under FOIA and a requirement under Title 14, the requirements under Title 14 apply to a board of a charter school (Section 5) or a board of a school district (Section 8). This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the following: Section 5 and Section 6 consolidate the definitions in Chapter 5 of Title 14 by transferring them to § 503(a) of Title 14. Section 7 repeals unnecessarily repetitive language from the definitions in § 1041 of Title 14. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.]]> Wed, 26 Mar 2025 17:54:02 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141814 Delaware House - Out of Committee Legislation AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT OF INDIVIDUAL PRIVACY.

This Act is the first leg of an amendment to the Delaware Constitution to make clear that the right of individual privacy is essential to the well-being of a free society and may not be infringed without a showing of a compelling state interest. The U.S. Supreme Court has long interpreted the Fourteenth Amendment’s prohibition against the State depriving a person of life, liberty, or property without due process of law to prevent arbitrary or unreasonable action by the State. Specifically, in 1923, the Court, in Meyer v. Nebraska, 262 U.S. 390 stated: “While this Court has not attempted to define with exactness [of] the liberty thus guaranteed [under the Fourteenth Amendment], the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” In the 1965 decision in Griswold v. Connecticut, 381 U.S. 479, the U.S. Supreme Court found that a law making the use of contraceptives a criminal offense violated the right to privacy. The Court held that within the Bill of Rights, “Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the ‘right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: ‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.’" More recently, in Lawrence v. Texas, 539 U.S. 558 (2003), the Court stated that “our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” In explaining the respect the Constitution demands for the autonomy of the person in making these choices, the Lawrence Court noted that the Court previous held that “[t]hese matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” In reaching its ruling, the Lawrence Court held that the petitioners were “entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. ‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.’” The General Assembly proposes the enactment of this constitutional amendment guaranteeing a right of individual privacy to secure for Delawareans the rights the U.S. Supreme Court has previously found emanate from the federal constitution in the face of concerns regarding the continued effect of these U.S. Supreme Court precedents. 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, 19 Mar 2025 16:25:25 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141796 Delaware Senate - Out of Committee Legislation AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO INSURANCE FRAUD.

This bill adds a new crime of application insurance fraud under the criminal code to include fraudulent statements submitted in support of an application to obtain or renew insurance or made for purposes of obtaining a commission or other payment from an insurer. This bill makes application-related insurance fraud a class A misdemeanor unless the benefits wrongfully obtained or sought to be obtained is at least $1,000, in which case application insurance fraud is a class G felony.]]> Wed, 19 Mar 2025 16:04:18 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141768 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS.

This Act limits the ability to set professional standards and licensing requirements for plumbing or HVACR licensees to the Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners. This Act requires a 2/3 vote requirement because it indirectly impacts a municipal charter.]]> Tue, 18 Mar 2025 15:23:52 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141875 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO SALES OF FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION.

This Act requires payment card networks to make available to merchant acquirers the merchant category code for firearms and ammunition businesses that was established by the International Organization for Standardization on September 22, 2022 by July 1, 2025, and for merchant acquirers to assign the MCC for firearms and ammunition businesses to firearms merchants beginning October 1, 2025. This Act also authorizes the Department of Justice to bring civil actions against individuals or entities who violate the provisions of this Act, and requires that such violators pay a civil fine of $10,000 for each violation, in addition to attorneys’ fees and costs in investigating and bringing the action. A court may also impose injunctive relief to prevent future violations.]]> Wed, 12 Mar 2025 13:18:48 -0400 153 https://www.legis.delaware.gov/BillDetail?legislationId=141736 Delaware House - Out of Committee Legislation AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO VETERANS' BENEFITS AND TRADE PRACTICES.

This act regulates persons who receive compensation for advising or assisting with veterans' benefits earned by serving our nation in the military. This bill would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies. Investment, insurance, banking, and other advice or services not provided by the V.A., or its accredited agencies may be obtained by veterans and fees charged for such services.]]> Tue, 11 Mar 2025 13:31:13 -0400 153