| SB 28 w/ SA 1 | Passed | Brown | Section 1 of this Act requires that $7,000 be paid for the funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue.
Consistent with a legal interpretation of the existing law by state agencies, Section 1 of this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, or § 5316 of Title 29. However, Section 1 of this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies.
Section 2 of this Act delays the effect of this Act until October 1, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 appropriations act containing the funding for this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FUNERAL EXPENSES FOR CERTAIN VOLUNTEERS WITH FIRE OR AMBULANCE COMPANIES. |
| SB 32 w/ SA 1 | Passed | Hoffner | This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS. |
| SB 52 | Passed | Buckson | Current law allows pensioners to be employed in a Governor-appointed position or as a temporary, casual, seasonal, or substitute employee, including as a substitute teacher, but only after a 6-month separation of service period if the pensioner is under age 65 and limits annual earnings by temporary, casual, seasonal, or substitute employees to $50,000 before an individual’s earnings affect the amount of the individual’s pension.
To alleviate staffing shortages in schools and state agencies with 24-hour shifts, this Act removes the earnings limit beginning calendar year 2025, lowers the age when the separation of service period applies to individuals who are under 59 ½ years old, and reduces the required separation of service period to 3 months. This Act also clarifies that the pensioners may be employed as substitute teachers by charter schools under the same requirements as school districts.
To comply with federal law, this Act makes the bona fide 3-month separation period applicable to all pensioners employed under § 5502(a) of Title 29.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE EMPLOYMENT OF STATE PENSIONERS. |
| SB 59 | Passed | Hansen | Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorized the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business.
Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES. |
| SS 1 for SB 62 | Passed | Sturgeon | Like Senate Bill No. 62, Senate Substitute No. 1 for SB 62 clarifies that state agencies, including public schools, may enter into agreements to trade in or sell materiel other than vehicles, including computer technology, by making the following technical changes to § 7002 of Title 29:
• Transferring the current provision allowing agencies to trade in or sell materiel other than vehicles from § 7002(e) to paragraph § 7002(a)(3).
• Transferring definitions of terms from § 7002 to the definitions section for this chapter, § 7001 of Title 29.
• Revising long, confusing sentences by referencing paragraphs in § 7002 instead of repeating the content of those paragraphs.
• Conforming existing law to the standards of the Delaware Legislative Drafting Manual.
Senate Substitute No. 1 for SB 62 differs from SB 62 by making additional technical corrections and clarifications. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY. |
| SB 81 w/ SA 1, SA 2 | Passed | Lockman | This Act removes the time restriction that only allowed for certain teachers or specialists who were hired after August 9, 2023, to obtain additional experience credit for purposes of salary computation. This Act would allow for teachers or specialists hired before August 9, 2023, to qualify for the same experience credit for purposes of salary computation. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER SALARIES. |
| SB 83 | Passed | Huxtable | This Act amends the long-term care resident’s bill of rights to provide that residents may not be subject to discrimination based on their membership in a protected class. Specifically, this Act does the following:
1. Adds “or domestic partner” to the provision of the resident’s bill of rights that gives spouses the right to visit and, if feasible and not medically contraindicated, to share a room if both are residents of the facility. This addition is being made to ensure that domestic partnerships entered into in other states are recognized.
2. Adds a non-discrimination provision to § 1121 of Title 16, which enumerates the rights of residents of long-term care facilities.
3. Requires the Department of Health and Social Services (“Department”) to provide a revised notice of resident rights under § 1121 of Title 16 to each resident or the resident’s authorized representative within 30 days of any changes to those rights.
4. Requires each facility to provide appropriate staff training whenever there is a revision to the resident’s bill of rights within 60 days of that revision.
The purpose of this Act is to protect long-term care facility residents from discrimination and to ensure that residents, their representatives, and facility staff are aware of residents’ rights. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE RIGHTS OF RESIDENTS OF LONG-TERM CARE FACILITIES. |
| SB 90 | Passed | Paradee | The Delaware State Inspire Scholarship Program (Inspire scholarship) pays undergraduate tuition for 8 semesters at Delaware State University (DSU). Some students complete their undergraduate degrees in less than 8 semesters because they take heavier than average course loads each semester or because they earned college credits during high school. This Act aims to reward students for their hard work and provide additional access and opportunity for them to continue their higher education by allowing students to use the Inspire scholarship program towards additional levels of higher education if the student obtains their undergraduate degree before using all 8 semesters of eligibility.
Specifically, this Act extends eligibility for Inspire scholarships as follows:
1. Under current law, most students may use Inspire grant money for up to 8 continuous semesters towards a bachelor's degree at DSU. This Act allows students who complete a bachelor's degree in less than 8 continuous semesters to use the remaining Inspire grant money towards a graduate degree program at DSU.
2. The Inspire scholarship program provides additional time for individuals who lived in foster care to complete an undergraduate degree. This Act makes corresponding changes to the eligibility for these individuals so that they also can use remaining Inspire grant money towards a graduate degree at DSU if they complete their undergraduate degree before exhausting the time available to do so.
In addition, this Act modifies 2 requirements for eligibility for the Inspire scholarship program for students using the scholarship for a graduate degree program so that students may be enrolled on a part-time basis and are not required to maintain continuous enrollment.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE INSPIRE SCHOLARSHIP PROGRAM. |
| SB 91 w/ HA 1 | Passed | Sturgeon | This Act requires schools that receive federal funding ensure students, staff, and faculty are protected from sex-based discrimination and sex-based harassment. The Act further requires schools to communicate to students, through their website, the existence of Title IX administrators as required by federal law. The Act requires the school’s website provide information explaining the roles and duties of Title IX administrators, how to contact the appropriate Title IX administrator, and the school’s Title IX policy. The Act ensures that students have access to the appropriate forms to start a complaint and access to the FAQ link provided by U.S. Office of Civil Rights. The Act instructs the school to provide an explanation and examples of possible supportive measures for students who experience sex-based discrimination or sex-based harassment.
The Act instructs the Title IX coordinator of every Title IX school to provide a written reminder to school staff and faculty at the beginning of the academic year, outlining the school’s Title IX policy regarding the reporting of sex-based discrimination, including sex-based harassment. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TITLE IX. |
| SB 92 | Passed | Poore | Section 2527 of Title 16, which will become effective on September 30, 2025, originates from Section 27 of the Uniform Law Commission’s Uniform Health-Care Decisions Act. The Uniform Law Commission found that the word “other” was added in error to the final Uniform Health-Care Decisions Act. This Act adopts this correction by deleting the word “other” from § 2527 of Title 16.
This Act takes effect on September 30, 2025, to coincide with the effective date of § 2527 of Title 16. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM HEALTH-CARE DECISIONS ACT. |
| SB 93 | Passed | Poore | This Act updates the terminology used to describe or citations used to reference those who make financial or health-care decisions on behalf of a principal or individual, including when that principal or individual lacks capacity. This Act takes effect on September 30, 2025, to coincide with when the Delaware Uniform Health-Care Decisions Act of 2023 (DUHCDA 2023) takes effect.
Section 1 of this Act amends § 3982 of Title 12 by:
(1) Removing the phrase “durable power of attorney for health-care decisions” and instead citing to the definition of “advance health-care directive” under DUHCDA 2023. A durable power of attorney for health-care decisions, or other similar variations on that phrase, are synonyms for a power of attorney for health care. A power of attorney for health care is included in the definition of advance health-care directive under DUHCDA 2023.
For shorthand, elsewhere in this Synopsis this change will be referred to as “citing to the DUHCDA 2023 to remove synonyms.”
(2) Changing "surrogate" to "default surrogate" to align with the new definitions of "surrogate" and "default surrogate" under DUHCDA 2023.
For shorthand, elsewhere in this Synopsis this change will be referred to as “aligning the term ‘surrogate’ with the DUHCDA 2023”.
(3) Added reference to an agent under a durable power of attorney to § 3983(4)a. since it is in § 3983(4)b. and those paragraphs should mirror each other, as paragraph (4)a. handles a situation when there is no decision maker willing or able to serve and paragraph (4)b. addresses a situation where a decision maker is determined unsuitable.
Section 2 of this Act amends § 3983 of Title 12 by aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 3 of this Act amends § 1121 of Title 16 by:
(1) Completing the list of internal citations.
(2) Repealing § 1121(b)(40) because § 1122 defines the decision makers to whom third-party decision making passes when an individual lacks capacity to make decisions. Additionally, § 1121 is where resident rights are listed, not the rights of third parties.
Section 4 of this Act revises § 1122 of Title 16 by:
(1) Revising the description of legal standards for when decision making authority passes to a third party under the processes listed, including deleting that a standard is when a resident is "unable to communicate with others" and adding a reference to federal law since a representative payee under § 205(j) of the Social Security Act is included in the list.
(2) Citing to the DUHCDA 2023 to remove synonyms.
(3) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 5 of this Act amends § 1145 of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 6 of this Act amends § 2503A of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 7 of this Act amends § 5530 of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Repealing subsection (e) because it refers to a list of individuals that was removed by SB 309 (GA 152) in favor of citing directly to DUHCDA 2023.
Section 8 of this Act amends § 5531 of Title 16 by citing to the DUHCDA 2023 to remove synonyms.
Section 9 of this Act amends § 2718 of Title 21 by:
(1) Correcting the word “advanced” to “advance” in “advance care directive”.
(2) Listing the advance planning documents referenced in the citation to § 9706(h) of Title 16. Section 9706(h) allows the promulgation of regulations related to EMS provider compliance with identified advance planning documents. It is not the section that establishes or defines the advance planning documents.
Section 10 of this Act amends § 3912 of Title 31 by changing the term “power of attorney” to “agent” because an agent is the actor whereas the power of attorney is the document or grant of authority to act as agent.
Section 11 of this Act is an effective date. This Act takes effect on September 30, 2025.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 12, TITLE 16, TITLE 21, AND TITLE 31 OF THE DELAWARE CODE RELATING TO THIRD-PARTY DECISION MAKING. |
| SB 102 w/ SA 1 | Passed | Walsh | This Act would limit the opportunity to remain as a licensed apprentice electrician after an individual has already completed an apprentice program approved by the Board of Electrical Examiners.
Apprenticeship is meant to be a first step on a career journey, not a destination. Since the apprentice electrician license was created, the ranks of apprentices have steadily swollen, but a significant number of those apprentices have not moved forward toward more advanced licensing. As the number of these apprentices grows beyond the capacity for more senior licensees to supervise their work, the situation is likely to create confusion among and to threaten the safety of consumers of electrical services in Delaware and the general public.
This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF ELECTRICAL EXAMINERS. |
| HS 1 for HB 50 w/ HA 1 + SA 1 + HA 2 | Passed | Heffernan | This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application.
The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program.
The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program.
The Act sunsets 3 years after its enactment.
| AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE. |
| SB 108 | Passed | Walsh | This Act removes prohibitions in Title 11 of the Delaware Code related to owning or possessing certain types of knives that may be opened by one hand. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular among outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware, and therefore subject otherwise law-abiding Delawareans engaged in law-abiding activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to lawfully use such tools, but would still subject them to prosecution for deadly weapons-related offenses where an individual uses such a knife in the course of an attack or assault aimed at causing death or serious injury. | AN ACT TO AMEND CHAPTER 2, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND DEADLY WEAPONS. |
| SB 15 | Approved | Sokola | The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet.
This Act is the second leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. The first leg of this constitutional amendment was Senate Bill No. 15 of the 152nd General Assembly, published in Chapter 278 of Volume 84 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution.
This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16 of the 152nd General Assembly, which was enacted on September 30, 2024, and takes effect on the enactment of this Act, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement:
(1) The Department of Education.
(2) The Department of Military Affairs / Delaware National Guard.
(3) The Office of Management and Budget.
(4) The Department of Health and Social Services.
(5) The Department of Natural Resources and Environmental Control.
(6) The Department of Agriculture.
(7) The Department of Safety and Homeland Security.
(8) The Department of Finance.
(9) The Department of Transportation.
(10) The Department of Labor.
(11) The Delaware State Housing Authority.
(12) The Department of State.
(13) The Department of Correction.
(14) The Department of Services for Children, Youth and Their Families.
(15) The Department of Technology and Information.
(16) The Department of Human Resources.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution. | AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET. |
| SB 24 | Passed | Townsend | The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19.
This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization.
This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLES 14 AND 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT AND THE PUBLIC EMPLOYMENT RELATIONS ACT. |
| SS 1 for SB 17 | Passed | Townsend | Senate Concurrent Resolution No. 99 (152nd General Assembly) created the Victims’ Bill of Rights Committee (VBR Committee) to perform a comprehensive review of the Victims’ Bill of Rights (VBR) and make recommendations to clarify the VBR, strengthen protections for victims, and ensure that state agencies have the necessary mechanisms, administration, and funding to successfully implement the VBR. To facilitate in-depth review and discussion, the VBR formed the following 4 subgroups: The Victim Safety Subgroup, The Rights of Special Victims Subgroup, The Victims’ Rights to Information and Notification Procedures Subgroup, and the Victims’ Compensation and Administration Subgroup.
Like Senate Bill No. 17, Senate Substitute No. 1 for Senate Bill No. 17 revises the Victims’ Bill of Rights and the Victims’ Compensation Assistance Program based on the recommendations in the February 27, 2024, Victims’ Bill of Rights Committee Final Report.
Senate Substitute No. 1 to SB 17 differs from SB 17 as follows:
1. Revises the definition of "individual with a cognitive disability" to reference the definition of “cognitive disability” in the Criminal Code, consistent with the standards of the Delaware Legislative Drafting Manual.
2. Requires that the summary of the victims’ rights be printed on the last page of the victim’s copy of the initial incident report instead of on the back.
3. Revises the language regarding the rights of victims and witnesses in regard to immigration status.
4. Requires that the notice published in the Register of Regulations under Section 14, that funds have been appropriated to implement the provisions under § 9414(a)(4) of Title 11, be provided by the Executive Director of the Delaware Criminal Justice Information System.
Section 1 revises Chapter 94 of Title 11 (“this chapter”), the Victims’ Bill of Rights, by making technical changes for clarity and by adding substantive policy provisions that either codify existing practices or create new rights and responsibilities as follows:
Substantive changes that establish the following new rights or responsibilities:
1. To extend these rights to more victims, adds additional offenses to the definition of "crime" for this chapter and includes any offense that is the basis for abuse, domestic violence, or a sexual violence protective order.
2. Adds a complaint process that a victim or witness can use if a law-enforcement agency fails to comply with this chapter.
3. Adds the victim’s or witness’s school to the personal information that must be kept confidential.
4. Provides victims the right to have a victim advocate present, if available, at all proceedings related to the crime.
5. Requires that victim services professionals inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed.
6. Provides a right to review portions of recordings derived from body-worn cameras that includes statements made by the victim.
7. Provides a right to make a statement that is separate from the victim-impact statement under the pre-sentence report process.
8. Updates the manner in which victims receive notifications under this chapter by allowing law-enforcement agencies to send notifications electronically and requiring DELJIS to create the mechanism by which law-enforcement agencies can send these notifications by email. Victims will be able to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible.
9. Requires that the Department of Justice create a website where the rights of victims and witnesses under this chapter are explained in a user-friendly manner, in English and in Spanish, and in a format that is as accessible as possible for individuals with disabilities. This website must include information about rights victims or witnesses have under other sections of the Code.
10. Strengthens the annual report requirements for law-enforcement agencies regarding compliance with this chapter by adding specific information that must be included in each report. The individual law-enforcement agency reports must be compiled by the Criminal Justice Council (CJC) into 1 final report and posted on the CJC webpage.
11. Extends to witnesses the current requirement that the court to provide a waiting area for victims that is separate and secure from the defendant, the defendant’s relatives, and defense witnesses.
12. Provides witnesses with the same right to the prompt return of property from law-enforcement that currently exists for victims.
13. Consistent with the notice requirements to victims of an application for parole, requires that notice to be provided to victims of crimes under this chapter when an application is filed for a pardon, including for an adjudication not terminated in favor of the child, or when an application for discretionary expungement of an adjudication not terminated in favor of the child is filed.
Substantive changes that codify existing practices:
1. Updates the definition of “law-enforcement agencies” to include police, the Department of Justice, and the Department of Correction, including probation and parole.
2. Expands the definition of “representative of the victim” to include members of the victim’s family if the victim is deceased and the parent, guardian, or custodian of a victim who is unable to meaningfully participate in proceedings. It also clarifies the representative of the victim if the victim or the deceased victim’s sibling is in the custody of the Department of ‘Services for Children, Youth, and their Families.
3. Revises and expands the definition of victim services to include the broad array of assistance that is available to victims of crime.
4. States that the remedy for a victim or witness if a law-enforcement agency fails to comply with this chapter is to file a writ of mandamus under § 564 of Title 10.
5. Provides victims and witnesses the right to express safety concerns while attending proceedings at court and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures.
6. Provides the right for immigrant victims and witnesses not to be detained by law enforcement or turned over to federal immigration authorities unless there is a judicial warrant.
7. Requires that the Delaware Criminal Justice Information System (DELJIS) provide a summary of a crime victim’s rights and information about victim services that is printed on the last page of the victim’s copy of the initial incident report.
8. Repeals the applicability of this chapter to qualifying neighborhood or homeowners’ associations.
9. Requires the Board of Pardons to provide notice of all applications for a pardon to the Superior Court and the Department of Justice.
Technical changes:
1. Reorganizes existing provisions so that rights of all victims are in subchapter I. by transferring the rights of victims with cognitive disabilities from subchapter II.
2. Reorganizes existing provisions so that rights of all witnesses are in subchapter II. by transferring the rights of witnesses from subchapter I and correspondingly redesignates subchapter II as the Rights of Witnesses to Crime. The rights provided to victims and witnesses with cognitive disabilities are incorporated in the applicable subchapter.
3. When possible, instead of listing each specific offense included in the definition of “crime”, offenses are included in this definition by subchapter or subpart.
4. Transfers rights applicable to all crime victims under § 9404 through § 9408 of Title 11 to § 9403 of Title 11.
5. Repeals unnecessary definitions and language that repeats rights provided in another section of this chapter or elsewhere in the Code.
Sections 2 through 4 revise Chapter 90 of Title 11, the Victims’ Compensation Assistance Program, as follows:
• Section 2 revises § 9002 of Title 11 to combine funeral and burial expenses into 1 category of pecuniary loss to simplify approval of payments for these expenses.
• Section 3 makes corresponding changes to the job title of the victim services personnel who are members of the Victims’ Compensation Assistance Program Advisory Council under § 9003 of Title 11 and adds standard language regarding the conduct of meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting.
• Section 4 repeals the requirement that unencumbered balances in excess of $6,000,000 in the Victims’ Compensation Fund at the end of each fiscal year be deposited in the General Fund.
Section 5 through Section 12 make the following corresponding technical changes to other Code sections to align with Chapter 94 of Title 11:
• Section 5 revises § 3512 of Title 11 to contain the exceptions in current § 9407 of Title 11 and reference the definition of “member of the victim’s family” in § 9401 of Title 11.
• Section 6 revises § 4331 of Title 11 so it is consistent with the victim’s right to make a statement under § 9406(8)b. of Title 11. Section 6 also repeals the reference to § 4209A of Title 11 that the Revisors have noted in the Code as “[repealed]” because the version of § 4209A that was in the Code when this sentence was enacted in 1991 was repealed in 1989 but this corresponding reference was not repealed.
• Sections 7 and 8 revise § 4347 and § 4361 of Title 11 so that the Board of Parole and the Board of Pardons must send notice to victims and witnesses in the manner and under the procedures established in § 9414 of Title 11.
• Sections 9 and 10 revise § 1018 of Title 10 and § 4374 of Title 11 so that victims are contacted about petitions for discretionary expungement under the procedures established in § 9414 of Title 11.
• Section 11 requires that the regulations adopted by the Police Offer Standards and Training Commission under § 8404 of Title 11 include the victim’s right to review portions of recordings derived from body-worn cameras that include statements made by the victim.
• Section 12 increases notice to employers about the current law prohibiting an employer from discharging or disciplining a victim or representative of a victim because the individual participated in the preparation for or attended proceedings by adding a reference to § 9409(a) of Title 11 to § 711(i) of Title 19, which lists unlawful employment practices.
Section 13 provides a delayed implementation date to provide the Department of Justice time to create the informational websites for victims and witnesses required under § 9414(c) and (d) of Title 11.
Section 14 makes the requirement under § 9414(a)(4) of Title 11 that DELJIS create the mechanism by which law-enforcement agencies can send notifications by email contingent upon an appropriation of the funds necessary to fulfill this requirement and then provides 18 months to implement this requirement.
In addition to the recommendations in the Victims’ Bill of Rights Committee Final Report, this Act also revises the membership of the Victims’ Compensation Assistance Program Advisory Council, based on suggestions that arose after the conclusion of the VBR Committee’s work, by adding the Child Advocate and an additional member from the mental health profession.
This Act also makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 19 OF THE DELAWARE CODE RELATING TO CRIME VICTIMS AND WITNESSES. |
| SB 133 | Passed | Hoffner | This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware Cemetery Board. Based on the Committee's recommendation, this Act changes the Office of Auditor of Account's obligation to audit the Distressed Cemetery Fund from annually to at least once every 5 years. This Act also updates the name of the Office of Auditor of Accounts. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISTRESSED CEMETERY FUND. |
| SB 144 | Passed | Walsh | This Act repeals the cap on the amount of money in the Delaware Manufactured Home Relocation Trust Fund (Trust Fund), resolving contradictory provisions in current law regarding the Delaware Manufactured Home Relocation Authority (DEMHRA) Board’s authority to adjust the amount in the Trust Fund.
Under § 7042(e) of Title 25, the DEMHRA Board can adjust, eliminate, or reinstate the cap on the Trust Fund with the approval of at least 3 of the 5 members of the DEMHRA Board. However, § 7042(e) also provides a dollar amount cap on the amount in the Trust Fund, which under the Delaware Constitution, DEMHRA cannot change.
DEMHRA needs to be able to adjust the cap on the Trust Fund because under § 7041(b)(1) and § 7042(b) of Title 25, the money in the Trust Fund is the only money available to DEMHRA to pay administrative costs and to carry out DEMHRA’s responsibilities under Chapters 70 and 71 of Title 25. Recent legislation has given DEMHRA additional responsibilities under subchapter VI of Chapter 70 when a community owner seeks to increase the rent, but DEMHRA does not receive any appropriations to support this work. Instead, except for money appropriated for board meeting stipends, DEMHRA is “responsible for all direct and indirect costs for its operations under § 7042 of this title, including receipts and disbursements, personnel, rental of facilities, and reimbursement to other state agencies for services provided and, therefore, must be fiscally revenue-neutral.”
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual by revising § 7041(c)(3) of Title 25 so that the number of Board members who must vote in favor of adjusting the Trust Fund is clearly stated with the Board’s other responsibilities. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND. |
| HB 168 w/ HA 1 | Committee | Griffith | This Act makes it a class G felony if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more felonies. This Act also makes it a class A misdemeanor if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more misdemeanors and no felonies. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO NONCOMPLIANCE WITH SENTENCING. |
| SB 151 w/ HA 1 | Passed | Mantzavinos | This Act updates and modernizes the Delaware Self-Service Storage Facilities Act. The Act clarifies that self-storage rental agreements may be delivered and accepted electronically. The bill borrows language from the Delaware Residential Landlord Tenant Act regarding the legal effect of unsigned rental agreements. The bill addresses vehicle storage at a self-service storage facility and clarifies the disposition of property following the termination or nonrenewal of the rental agreement by either the occupant or owner. Finally, the Act updates the requirements to allow advertisements be placed on websites that regularly advertise property for auction or sale, making Delaware law consistent with most jurisdictions, including Maryland and the District of Columbia. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE FACILITIES. |
| SB 7 w/ SA 1 | Signed | Pinkney | This Act is based on Senate Substitute No. 3 for Senate Bill No. 4 of the 152nd General Assembly, which modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision. | AN ACT TO AMEND TITLE 11 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION. |
| SS 1 for SB 10 w/ HA 3 | Passed | Townsend | Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification.
This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court.
Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances:
(1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity.
(2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation.
(3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation.
Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification.
Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard.
This Act differs from Senate Bill No. 10 as follows:
(1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence.
(2) Making clear that the person’s attorney may file the sentence modification for the person.
(3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause.
(4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel.
(5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules.
(6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually.
(7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification.
(8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification.
(9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity.
(10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted.
(11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years.
(12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances. | AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION. |
| HA 1 to SB 91 | Passed | Romer | This Amendment removes the exception that allows schools that do not presently have websites not to comply with the legislation. | |
| SB 160 | Passed | Poore | This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each local education agency shall make the informational materials available to the parents or guardians of students enrolled in their schools. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROVIDING INFORMATION ON TYPE 1 DIABETES. |
| SB 163 | Passed | Sokola | Presently, Title 29 of the Delaware Code § 5813(c) requires public officers to file financial disclosure forms on March 15 of each year. However, in certain years, for example, 2025, the statute calls for financial disclosures to be filed over the weekend, because March 15, 2025 fell on a Saturday. On weekends, the assistance of the Public Integrity Commission may not be available. This Act changes the deadline for filing financial disclosures to “on or before the third Wednesday of March” which will be a weekday and a regular business day. This Act also clarifies the statute by expressly stating that the financial disclosures may be filed “on or before” the new deadline, in keeping with the current practice of the Public Integrity Commission. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC OFFICERS AND EMPLOYEES AND FINANCIAL DISCLOSURES. |
| SB 164 w/ SA 1 | Signed | Walsh | This Act provides a one-time increase of 3% in aggregate worker’s compensation medical expenses to correct reimbursements for medical services coded as evaluation and management (E&M) for worker compensation cases. This is needed as the E&M reimbursement rate for Workers’ Compensation cases has fallen below the reimbursement rate of the Center for Medicare & Medicaid Services rates. This is a critical need as the State of Delaware is in critical need of physicians to accept and treat worker compensation patients. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION. |
| HS 1 for HB 203 w/ SA 1 | Passed | Hilovsky | With 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, which may be cited as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a 1/2 credit on financial literacy. And, beginning with students entering grade 9 in the 2026 through 2027 school year, successful completion of the credit will be required to obtain a high school diploma. This Act requires the credit to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education. This substitute corrects a reference from "course" to "credit" in the synopsis. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EQUITY AND INCLUSION IN FINANCIAL LITERACY FOR ALL HIGH SCHOOL STUDENTS IN DELAWARE ACT. |
| SB 182 | Passed | Poore | This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY. |
| SS 2 for SB 56 | Passed | Hoffner | This Act updates the procedures governing the transfer of a manufactured home located in a manufactured home community in order to provide a clearer process and reduce ambiguities that allowed some community owners to prevent the transfer of a lease or a home as well as prevent family members from inheriting the investment made by a deceased family member in a home.
This Substitute differs from the original bill to make changes to reflect discussions among the stakeholders, including:
- Moves the procedure for inspecting a home prior to transfer from the transfer section to the section that governs the rules for standards for retaining a transferred home in a community.
- Creates a 2-step process for the sale or transfer of a home where the homeowner notifies the community owner prior to listing the home, at which time the community owner may conduct an inspection, and a second notification for the sale of the home which triggers the right of first refusal in which the community owner can then purchase the home.
- Significantly reducing the time a buyer has to complete repairs.
- Clarifies that the notice of non-renewal of a lease by a tenant 60 days prior to the end of a lease term is only for moving the home off of the lot, and selling of the home is governed by § 7013.
- Clarifies requirements on lease transfers to heirs and adds limitations for how long the transfers take place depending on whether a previous occupant continues to live in the home after the death of the prior owner.
- Clarifies the portions of the tenancy application that must be completed in different situations when a home is inherited.
- Clarifies how long an estate has until appropriate action has to be taken.
- Removed the requirement that a community owner purchase the home if the buyer’s tenancy application is denied.
- Changes the minimum amount that a community owner must offer to a homeowner to prevent the ability of a lease to be transferred in the future to the greater of $1,500 or 36 months of the difference between the current monthly rent and market monthly rent.
- Adds a requirement that a seller must disclose to a buyer information about the lease transfer and that a community owner must disclose the rental amount to a prospective buyer.
- Makes it clear that a homeowner has to comply with § 7013(c) for the lease to transfer.
- Removes a provision in § 7016 that would no longer apply under the changes to § 7013.
- Extends the time that a community owner may purchase the ability to transfer the lease up to the time the homeowner provides notice of intent to sell.
| AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME TITLE TRANSFERS. |
| SCR 109 | Passed | Lockman | This resolution directs the Department of Education, in collaboration with the Delaware Department of Labor and the Delaware Workforce Development Board, to evaluate and report on opportunities for Delaware Pathways to support the creative economy.
| DIRECTING THE DEPARTMENT OF EDUCATION, IN COLLABORATION WITH THE DELAWARE DEPARTMENT OF LABOR AND THE DELAWARE WORKFORCE DEVELOPMENT BOARD, TO EVALUATE AND REPORT ON OPPORTUNITIES FOR DELAWARE PATHWAYS TO SUPPORT THE CREATIVE ECONOMY. |
| SCR 103 | Passed | Hocker | This Senate Concurrent Resolution recognizes November 2025 as "Autoimmune Disease Awareness Month" in the State of Delaware.
| RECOGNIZING NOVEMBER 2025 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| SCR 104 | Passed | Walsh | This Concurrent Resolution recognizes the month of June 2025 as Myasthenia Gravis Awareness Month in the State of Delaware. | RECOGNIZING THE MONTH OF JUNE 2025 AS MYASTHENIA GRAVIS AWARENESS MONTH IN THE STATE OF DELAWARE. |
| SCR 111 | Passed | Mantzavinos | This Concurrent Resolution establishes the Automobile Insurance Reform Task Force (“Task Force”). The General Assembly is creating the Task Force to address rising costs relating to automobile insurance both in private passenger and commercial markets. Rates have risen in actuarially justified manner due to a number of factors including increasing commonality of expensive vehicle technology, supply shortages, inflation and tariffs, rising health care costs, and significant insurer loses during climate events. | ESTABLISHING AN AUTOMOBILE INSURANCE REFORM TASK FORCE FOR THE DEVELOPMENT OF CONSUMER COST-SAVING LEGISLATION, REGULATIONS, AND POLICIES. |
| HA 1 to SB 151 | Passed | Bush | This amendment provides additional consumer protections to the Delaware Self-Service Storage Facilities Act by eliminating oral rental agreements, expanding the time frame for notice from 14 to 35 days, and ensuring that owners provide notice of any reasonable restrictions on the use of self-storage facilities. | |
| SCR 116 | Passed | Poore | This resolution designates the month of October 2025 as “Liver Cancer Awareness Month” in the State of Delaware, to raise awareness of the risks, prevention, and impact of liver cancer, and to honor those affected by the disease. | DESIGNATING THE MONTH OF OCTOBER 2025 AS “LIVER CANCER AWARENESS MONTH” IN THE STATE OF DELAWARE. |
| SCR 115 | Passed | Poore | This Resolution designates July 26, 2025, as “Americans with Disabilities Act Day” in the State of Delaware. | DESIGNATING JULY 26, 2025, AS “AMERICANS WITH DISABILITIES ACT DAY” IN THE STATE OF DELAWARE. |
| SCR 118 | Passed | Wilson | This Senate Concurrent Resolution designates October 12, 2025, at "National Farmer's Day" in the State of Delaware. | DESIGNATING OCTOBER 12, 2025, AS "NATIONAL FARMER'S DAY" IN THE STATE OF DELAWARE. |
| SCR 117 | Passed | Buckson | This Concurrent Resolution designates September 14-20, 2025, as "Adult Education and Family Literacy Week" in the State of Delaware. | DESIGNATING SEPTEMBER 14-20, 2025, AS "ADULT EDUCATION AND FAMILY LITERACY WEEK" IN THE STATE OF DELAWARE. |
| HCR 74 w/ SA 2 | Passed | Harris | This House Concurrent Resolution establishes the Housing Department Task Force. | ESTABLISHING THE HOUSING DEPARTMENT TASK FORCE. |
| SCR 119 | Passed | Richardson | This Senate Concurrent Resolution recognizes June 2025 as "Sacred Heart of Jesus Month" in the State of Delaware. | RECOGNIZING JUNE 2025 AS “SACRED HEART OF JESUS MONTH” IN THE STATE OF DELAWARE. |
| HA 2 to HS 1 for HB 50 | Passed | Heffernan | This amendment allows for private contributions to the Delaware Energy Fund. Under this amendment a utility may make a contribution to the fund to be restricted solely for the use of that utility’s customers who qualify under this Act. | |
| SCR 120 | Passed | Pinkney | This resolution affirms the importance of the recognition of LGBTQIA+ people and their many achievements and designates June 28, 2025, as “Stonewall Uprising Remembrance Day” in the State of Delaware. It also encourages expanded efforts to keep Delaware residents properly informed about the need for acceptance, and equitable treatment, of LGBTQIA+ individuals. | DESIGNATING JUNE 28, 2025, AS “STONEWALL UPRISING REMEMBRANCE DAY” IN THE STATE OF DELAWARE. |
| HA 1 to HB 168 | Passed | Griffith | This amendment gives exclusive jurisdiction to the Superior Court over violations of this section. | |
| HA 1 to HJR 7 | Passed | Wilson-Anton | This Amendment makes technical corrections to HJR 7. | |
| HA 3 to SS 1 for SB 10 | Passed | Minor-Brown | This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No. 1 to Senate Bill No. 10. | |
