| HB 21 w/ SA 1 | Passed | K. Williams | This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE. |
| SB 61 w/ SA 1 + HA 1 | Passed | Hansen | This bill requires disclosure of votes cast at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND VOTING BY MEMBERS OF THE PJM INTERCONNECTION REGIONAL TRANSMISSION ORGANIZATION. |
| SB 66 | Passed | Sokola | Beginning in 2002, schools, school districts, and licensed child care providers have been required to keep binders of community notifications with information about registered sex offenders. This requirement was enacted based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions.
This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide “school and child care notification” that includes all of the following information:
1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”).
2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website.
3. The URL for the Delaware Sex Offender Central Registry website.
The school, school district, or licensed child care provider must provide the school and child care notification upon request from staff, faculty, or a parent or guardian of an enrolled child. Additionally, the school, school district, or licensed child care provider must post the school and child care notification on its website or, if it does not have website, the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal parent or guardian of an enrolled child in writing at least annually.
The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website.
Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet.
The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries.
Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEX OFFENDER COMMUNITY NOTIFICATION. |
| HB 75 | Committee | Dukes | 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.
| 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. |
| SB 72 w/ SA 1 | Passed | Brown | This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs.
There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines.
Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water.
This Act takes effect 90 days after its enactment into law. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC DRINKING WATER SYSTEMS. |
| HB 82 w/ SA 1 | Signed | Wilson-Anton | This Act requires that a school board candidate and member be an “inhabitant” of the district, or designated portion of a district, that member represents. “Inhabitant” is defined for this purpose as “a person who both claims legal residence and physically resides in a designated area or school district.” Further, the bill provides that if a school board member is not physically present in their district for more than 75% of the days in any yearlong period of that member’s term, the member ceases to qualify as an inhabitant. Absence required by military service is not counted as absence for purposes of this statute. This Act provides that a resident of a school district may bring an action in Superior Court asking the Court to declare a vacancy if the resident has cause to believe a member is no longer an inhabitant of that member’s district.
This Act also makes technical corrections to conform to the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS. |
| HB 86 | Committee | Shupe | This Act establishes a uniform threshold and procedure for a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, the City of Wilmington, or school district elections. Under this Act, a recount will be conducted if the difference in the number of votes is 1% or less.
This Act makes the following changes to current law:
• Eliminates the need for a candidate to request a recount after a general election for statewide office, State Senator, State Representative, county office, or office in the City of Wilmington.
• Eliminates the need for 25 voters to petition for a recount in school district elections.
• Establishes a clear threshold for a recount equal to a difference of 1% or less of the votes cast.
Changing the recount threshold to 1% or less will likely be a substantive change to existing law only for statewide elections and county-wide offices in New Castle County. Current law allows a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, or office in the City of Wilmington if the number of votes separating 2 candidates is less than 1,000 votes or ½ of 1% of all of the votes cast for the 2 candidates, whichever is less.
• Based on the number of votes cast in the most recent elections, ½ of 1% and 1% of the votes cast will almost always be under 1,000 for State Senator, State Representative, county office, or office in the City of Wilmington.
• For statewide offices or county-wide offices in New Castle County, ½ of 1% will almost always be more than 1,000 votes so changing the threshold to 1% or less will allow for recounts after more elections for these offices.
Similarly, under existing law, a recount may be requested in a school district election if the difference in the election of a school board member or in the outcome of an election regarding taxes, standard school construction, or bonds is less than 10 votes or ½ of 1% of the total vote, whichever is larger. Both 1% and ½ of 1% of the votes cast will almost always be more than 10 votes.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including revisions to align § 1083 of Title 14 with the current responsibilities and practices of the Department of Elections.
This Act does not need a super-majority because this Act does not change the City of Wilmington’s authority under its charter because in 1955, the General Assembly enacted 50 Del. Laws. c. 390, § 9, which clearly provides that Chapters 31 and 57 of Title 15 are applicable to the holding of elections in the City of Wilmington. | AN ACT TO AMEND TITLE 14 AND TITLE 15 OF THE DELAWARE CODE RELATING TO RECOUNTS OF BALLOTS IN ELECTIONS. |
| SB 82 w/ SA 1 | Passed | Lockman | This Act changes the period of time for which relief may be granted under a lethal violence protective order from 1 year to 5 years.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS. |
| SB 86 w/ SA 1 | Passed | Huxtable | Currently, the Delaware Volunteer Fire Service Revolving Loan Fund may only obtain funding from the General Assembly through appropriation. This Act would allow for funding and donations to be made by any person, charitable organizations, and counties of the State. When a county contributes to the Fund, the Act requires the Fund ensure county specific contributions are spent on loans to fire companies within that county.
This Act also makes technical corrections to conform existing law to the standards of the Delaware legislative Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTEER FIRE SERVICE REVOLVING LOAN FUND. |
| SB 107 | Passed | Sturgeon | This Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State.
The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS. |
| SB 112 | Passed | Lawson | This Act renames the Delaware State Police Training Academy as the "Colonel James L. Ford, Jr. State Police Training Academy" in honor of Colonel Ford’s lifelong dedication to public service. It acknowledges his distinguished career with the Delaware State Police, where he held various leadership roles, ultimately serving as Superintendent. The Act also recognizes his significant contributions to law enforcement training, education, and public safety, as well as his service as Cabinet Secretary of Public Safety and Homeland Security. | AN ACT TO RENAME THE DELAWARE STATE POLICE TRAINING ACADEMY IN HONOR OF COLONEL JAMES L. FORD, JR. |
| SB 118 | Passed | Pettyjohn | In the 151st General Assembly, SS1 to SB 258 was passed, which permitted pet owners to pursue compensatory damages without limitation for veterinary bills incurred to care for a pet that was injured by the negligence, reckless, or intentional acts of another individual or that individual's pet. This act removes a sunset provision that would have these changes expire on October 14, 2025. | AN ACT TO AMEND CHAPTER 472, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS. |
| SB 123 w/ SA 1 | Passed | Mantzavinos | This Act clarifies the intestacy rights of child and parent by cross-referencing related provisions of Title 12 and Title 13 and adds a time limit for a child born of a deceased parent to be considered a child of that parent. | AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN |
| SB 125 | Passed | Poore | This Act updates the Board of Dietetics/Nutrition enabling act, requiring applicants to obtain a minimum of a master’s degree to obtain a license. This change would make Delaware consistent with the Commission on Dietetic Registration (CDR), the credentialing agency of the American Dietetic Association. Beginning on January 1, 2024, CDR required a minimum of a master’s degree in order to become registered. Under the current law, holders of a CDR registration are considered to automatically meet the qualifications for licensure in Delaware, and applicants who are certified by the Board for Certification of Nutrition Specialists must also acquire a minimum of a master’s degree. This Act ensures Delaware is consistent with the current national standards for licensure and registration as a Dietitian or Nutritionist. Finally, the Act eliminates an outdated application provision.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS. |
| SS 1 for SB 109 | Passed | Pinkney | This Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania.
This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers.
| AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A SOCIAL WORK LICENSURE COMPACT. |
| SB 136 | Passed | Sokola | This Act adopts a recommendation made by the Delaware Compensation Commission in its January 6, 2025, report. Specifically, this Act changes the minimum amount of pension payable to a member of the General Assembly elected after February 28, 2025, because the pension amount will no longer be calculated by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly. Instead, the pension payable to an elected official of the General Assembly elected on or after February 28, 2025, shall be computed under § 5527(a)(1) of Title 29. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN. |
| SB 138 w/ SA 1 | Passed | Mantzavinos | This Act makes changes to Chapter 103 of Title 16, pertaining to the Delaware Health Information Network (“DHIN”).
Section 1 makes a technical correction.
Section 2 updates the composition of DHIN’s Board of Directors (“Board”) to reflect recent practice with respect to Governor-appointed boards. It removes the concept of positions held for certain groups or industries and replaces it with a general obligation to appoint members broadly representative of DHIN’s stakeholder groups and the general public, with an emphasis on individuals with particular expertise that will benefit DHIN and its public mission. It also reduces the size of the board from 19 to 13 members to align with the historical size of DHIN’s Board and to implement current best practices with respect to Board size, and specifies that a member’s term may end before 3 years if the member resigns or is removed.
Sections 3 and 4 are cleanup provisions that remove references to the rules and regulations of the Health Care Commission that previously governed DHIN’s operations, but that have been replaced by DHIN’s own rules and regulations. Section 3 also updates the statute to reflect DHIN’s preferred nomenclature as it relates to data senders, data recipients, and other users of DHIN’s service. Section 3 does not change DHIN’s ability to charge fees for services.
Section 5 removes a reference to the Delaware Center for Health Innovation, which is no longer operating, and replaces it with a reference to the State. Section 5 also defines “Triple Aim”.
Section 6 removes a reference to Statement 6 of the Department of Justice and Federal Trade Commission Enforcement Policy as it relates to antitrust regulations on the exchange of price and cost information. Statement 6 was withdrawn by the Biden Administration in February 2023. The new language leaves open the possibility that additional guidance will be provided in the future and provides that any release of information will need to comply with the antitrust rules and regulations in effect at that time.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK. |
| SB 139 | Passed | Pinkney | This Act provides protections and rights to victims of sexual assault by doing all of the following:
• Codifying the core sections of Delaware's Sexual Assault Kit (SAK) testing policy, adopted in May 2022.
• Enacts the recommendations of the Victims' Bill of Rights Committee (VBR Committee), established under SCR 99, (152nd General Assembly) providing rights to victims regarding information about the location, status, and preservation of biological evidence.
These protections and rights for victims of sexual assault are in addition to existing requirements for DNA analysis performed by the Division of Forensic Science (DFS) laboratory under Chapter 47 of Title 29 and the Victims’ Bill of Rights under Chapter 94 of Title 11.
Section 1 revises the definitions in Chapter 47 of Title 29 by transferring definitions from § 4713 of Title 29, updating existing definitions, and creating new defined terms that reflect current practices.
Section 2 updates existing requirements under § 4713 of Title 29 that apply when the DFS laboratory receives, analyzes, and classifies biological samples and obtains DNA results, by doing all of the following:
• Adding the names of the state and federal DNA databases.
• Referencing current law-enforcement procedures, including the names of Delaware’s criminal justice case management systems.
• Requiring the Department of Justice, or a law-enforcement agency authorized by the Department of Justice, to inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample that has been submitted. This enables DFS to comply with NDIS policies and procedures related to when DNA results can be included in the National DNA Index System.
• Adding the VBR Committee’s recommendations preventing the destruction of biological samples from unsolved sexual assault cases based on the victim’s age at the time of the alleged offense. For adults, these biological samples may not be destroyed until 20 years after the collection of the evidence and if the victim was under 18 years of age, until the victim is 40 years old.
• Adding references to the new SAK-specific provisions under § 4713A of Title 29 and § 9403B of Title 11.
Section 3 adds additional requirements that apply when the DFS laboratory conducts DNA analysis of SAKs, codifying Section 5 and Section 7 of the existing SAK testing policy.
Section 4 adds definitions related to biological evidence to Chapter 94 of Title 11 for the Victims’ Bill of Rights.
Section 5 adds the following to the Victims’ Bill of Rights:
• Requirements that apply to investigating law-enforcement agencies, codifying provisions in Section 3 and Section 4 of the existing SAK testing policy.
• The VBR Committee’s recommendations regarding victims’ rights to information about the location, status, and preservation of biological evidence, such as learning the status and results of DNA testing. Victims of unsolved sexual assault cases have the right to notice before biological evidence is destroyed, to request that this evidence be preserved, and to designate another person to receive information about the status of biological evidence on their behalf.
Section 6 updates how victims receive notifications from law-enforcement agencies that are required under the Victims’ Bill of Rights, to allow for implementation of the victims’ rights to information about biological evidence. All of the following changes were recommended by the VBR Committee and are identical to the language in Senate Bill No. 17 (153rd):
• Allowing law-enforcement agencies to send notifications electronically.
• Providing that victims are responsible for providing a law-enforcement agency with changes to the victim’s contact information.
• Allowing a victim to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible.
Sections 7 through 9 revise the definitions of “DNA” and “DNA profile” in Part II of Title 11 for criminal procedure so they align with the definitions in Chapter 47 of Title 29.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE. |
| SB 143 | Passed | Pettyjohn | Ohio recently adopted “Braden’s Law”, named after Braden Markus. Braden, a high school student, tragically took his own life after being coerced into sharing sensitive photographs online and then threatened with release of the photographs on social media if he did not pay money. Braden’s parents, Jenn and Jarod, endured months of anguish after being denied access to Braden’s personal cell phone records. In response, part of Braden’s Law requires courts to adjudicate a parent or legal guardian’s request for an order directing access to a deceased minor’s digital assets and digital accounts within 30 days.
In Delaware, a fiduciary can access to digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS. |
| SB 145 w/ SA 1 | Signed | Townsend | This Act does the following:
(1) Updates the Workers’ Compensation Act to reflect current practices and technology including enabling workers’ compensations payments to be by made by direct deposit.
(2) Allows the Office of Workers’ Compensation to increase the reimbursement percentage of activities from 66.6% to 100%. This ensures that the inspection and safety functions of the Division of Industrial Affairs are fully covered as they are partially covered right now. Insurance carriers pay the assessment imposed by this section. The annual budget process provides caps or spend authorities on these appropriated special funds on an annual basis.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION PAYMENTS. |
| SB 150 | Passed | Huxtable | This Act creates the Affordable Rental Housing Program (ARHP) within the Housing Development Fund. The ARHP is modeled on the federal Section 515 program and provides loans to increase the supply of affordable housing for families with very low-, low-, and moderate-incomes, individuals who are elderly, and individuals with disabilities. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO AN AFFORDABLE RENTAL HOUSING PROGRAM WITHIN THE HOUSING DEVELOPMENT FUND. |
| SB 153 | Signed | Lockman | This Act updates the membership and functions of the Interagency Resource Management Committee by adding the Lieutenant Governor as Chairperson, the Chair of the Early Childhood Council (ECC) as a voting member, and members of the General Assembly as nonvoting members.
Additionally, this Act clarifies staffing of the IRMC through the Early Childhood Support team in the Department of Education and the Office of the Lieutenant Governor. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY RESOURCE MANAGEMENT COMMITTEE. |
| SB 154 | Passed | Sokola | This Act provides that, for purposes of Title 29 of the Delaware Code, Section 5527, related to the amount of monthly ordinary service or disability pension, a member of the General Assembly who is elected on Election Day in November and serves through the next Election Day in November will receive full-service credit for that term. Thus, the Act provides that a member of the House of Representatives who served five, two-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with ten years of service. Likewise, the Act provides that a member of the Senate who served five, four-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with twenty years of service. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES’ PENSION PLAN. |
| SS 1 for SJR 7 w/ HA 1 | Passed | Seigfried | This is a Substitute for Senate Joint Resolution No. 7. Like Senate Joint Resolution No. 7, this Substitute directs the State Employees Benefits Committee (SEBC) to utilize specific strategies and policies when interacting and contracting with Pharmacy Benefit Managers (PBM) in order to achieve lower cost
pharmaceutical drug benefit plans for the State.
This Substitute differs from Senate Joint Resolution No. 7 by clarifying that the SEBC has a duty to consider all of the following strategies and policies when negotiating for pharmaceuticals:
1. Drug cost transparency.
2. Formation of an independent Pharmacy and Therapeutics Committee.
3. Any other supply chain tactics such as a reverse auction or transparency committee.
4. Compacts with other states to negotiate directly with drug manufacturers.
5. Paying no higher price for all drugs negotiated by Medicare.
6. Requiring PBMs disclose administrative expenses for all pharmaceutical drugs.
7. Requiring PBMs bid based on lowest pricing sources, not average wholesale price.
8. Requiring the SEBC be provided all agreements between PBMs and pharmaceutical companies when those agreements are for drugs contracted for on behalf of the SEBC.
9. Performing audits when the SEBC believes it should be entitled to information to achieve transparency or clarity.
This Substitute differs from Senate Joint Resolution No. 7 by directing the SEBC to prepare a report by August 1, 2026, to summarize any difficulties in implementing any of these policies and to submit the report to the Governor; the President Pro Tempore of the Senate and Speaker of the House of Representatives, for distribution to all members of the General Assembly; the Director and the Librarian of the Division of Legislative Services; and the Public Archives. | DIRECTING THE STATE EMPLOYEE BENEFITS COMMITTEE AND THE SECRETARY OF HUMAN RESOURCES TO ENGAGE WITH INDEPENDENT CONSULTANTS AND OTHER SUPPLY CHAIN TACTICS FOR COST CONTAINMENT OF PRESCRIPTION DRUGS FOR STATE EMPLOYEES AND RETIREES’ INSURANCE PROGRAMS. |
| SS 1 for SB 134 | Passed | Seigfried | Under Chapter 69 of Title 29 of the Delaware Code, the Section of Government Support Services in the Office of Management and Budget ("Section") is responsible for effectuating the State’s procurement process.
This Act is a Substitute for Senate Bill No. 134. Like Senate Bill No. 134, this Act seeks to modernize the definition of reverse auctions.
This Act differs from Senate Bill No. 134 by providing that the Section is permitted to use reverse auctions only in the procurement of professional services for or related to pharmaceuticals or pharmacy benefits management services. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REVERSE AUCTIONS. |
| SB 169 | Signed | Sokola | In December 2024, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2024 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors.
This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution.
This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Section 1. This section corrects errors in § 1202 of Title 3 from Senate Bill No. 191 from the 135th General Assembly by renumbering the defined terms to appear in correct alphabetical order and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style.
Sections 2 through 12. These sections correct errors throughout Chapter 13 of Title 3 as enacted in Senate Bill No. 307 from the 138th General Assembly, and later amended, by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style.
Section 13. This section corrects grouping and phrasing errors in § 2103(b) of Title 6 from Senate Bill No. 296 of the 152nd General Assembly.
Section 14. This section inserts use of the Oxford comma and the word “or” in § 4504(b)(1) of Title 6 as both had been missing in Senate Bill No. 315 of the 138th General Assembly and in order to adhere to Delaware Legislative Drafting Manual style.
Section 15. This section inserts use of the Oxford comma in § 1405(b) of Title 9 to correct errors in House Bill No. 55 from the 143rd General Assembly in order to adhere to Delaware Legislative Drafting Manual style.
Section 16. This section removes a reference to medical malpractice review panels in § 566(b) of Title 10, as those panels were discontinued by Senate Bill No. 208 of the 152nd General Assembly.
Sections 17 and 18. These sections correct errors by removing the stray phrase “or projectile weapon” in the future contingent versions of §§ 2105(b)(3) and 2107(c) of Title 11. These errors were created when House Bill No. 357 of the 152nd General Assembly did not take into account changes contained in Senate Bill No. 12 of the 152nd General Assembly.
Section 19. This section corrects an error in § 1716E(h) of Title 14, from House Bill No. 100 of the 151st General Assembly, by inserting utilization of the Oxford comma.
Section 20. This section substitutes “subsection” for and erroneous reference to “paragraph” in § 3001(e)(4) of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly.
Section 21. This section removes an unnecessary “et seq.” following a finite reference to “the federal Improving Head Start for School Readiness Act of 2007 (P.L. 110-134)” in § 3004 of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly.
Sections 22 through 24. These sections complete the substitution of “perinatal” for “maternal” throughout Chapter 8D of Title 16, begun in Senate Substitute No. 1 of Senate Bill No. 106 of the 152nd General Assembly, in order to remove gender-specific language as directed by § 211(c)(1) of Title 1 and the Delaware Legislative Drafting Manual style.
Sections 25 and 26. These sections substitute the indefinite “et seq.” for “through 1396w-7” in § 1304(b) and (c)(1) and § 1045(d)(2)f. and (e)(1) of Title 16 in order to acknowledge the need to comply with all of Title XIX of the federal Social Security Act which has grown since enactment of Senate Substitute No. 1 for Senate Bill No. 13 of the 152nd General Assembly which had created the more finite reference to what was then the final section of the title.
Section 27. This section properly substitutes penalty amounts in § 1109(e) of Title 16 which had been improperly substituted by Senate Bill No. 216 of the 152nd General Assembly without appropriate striking of present language and underlining of new insertions.
Section 28. This section corrects an error in § 2503B(c) of Title 16, from Senate Bill No. 309 from the 152nd General Assembly, by substituting “or” for “and” to make it clear that any of among a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive.
Section 29. This section corrects an error in § 2704 of Title 16 created by House Bill No. 134 of the 152nd General Assembly having previously changed language included in House Substitute No. 1 for House Bill 162 of the 152nd General Assembly by enacting the intent of the latter bill, giving county medical examiner offices authority previously given to the Division of Forensic Science.
Section 30 through 34. These sections correct stylistic errors in Chapter 102 of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming all “2-1-1 Helpline” references to accepted style without hyphenation as approved by the Federal Communications Commission and by making adjustments in line with proper Delaware Legislative Drafting Manual style.
Section 35. This section corrects an error in § 2379(g) of Title 19 by properly striking “an” which was removed without appropriate striking in Senate Bill No. 306 of the 152nd General Assembly.
Section 36. This section properly enacts the specific intent of Senate Bill No. 206 of the 152nd General Assembly by substituting “cold weather operations” for “winter weather operations” in § 4356A(b)(3) of Title 21.
Section 37. This section corrects an error in § 4402(d) of Title 21, created by House Bill No. 352 of the 152nd General Assembly, by properly inserting “county code enforcement or municipal police” using appropriate underlining of the new insertion.
Section 38. This section corrects an error in the introductory paragraph of § 5302 of Title 24, from House Bill No. 386 of the 152nd General Assembly, by making clear that the defined terms in the section apply to all of Chapter 53 of Title 24 and not just to § 5302 of that title.
Section 39. This section corrects errors in § 363(b) of Title 26 by deleting words which were removed by Senate Bill No. 265 of the 152nd General without appropriate striking of the present language.
Section 40. This section corrects errors in § 108(b)(2) of Title 29, created by House Substitute No. 1 of House Bill No. 356 of the 152nd General Assembly, by adjusting paragraph designations and an internal reference as directed by the Delaware Legislative Drafting Manual.
Section 41. This section corrects an error in § 1132 of Title 29, first appearing in House Bill No. 209 of the 137th General Assembly, by inserting an introductory paragraph to this defined terms statute as directed by the Delaware Legislative Drafting Manual.
Section 42. This section corrects an error in § 2909(b)(3) of Title 29, from Senate Bill No. 287 of the 152nd General Assembly, by substituting “or” for “and” with regard to documentation of illegal or unbusinesslike practices included in State Auditor reports.
Section 43. This section corrects errors in § 6981(l) of Title 29, from House Bill No. 428 of the 152nd General Assembly, by adjusting language of list inclusion as directed by the Delaware Legislative Drafting Manual.
Section 44. This section makes grammar and capitalization corrections throughout § 8011 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual.
Section 45. This section corrects an error in § 8723(g) of Title 29, from House Bill No. 437 of the 152nd General Assembly, by making clear that the Delaware Commission of Veterans’ Affairs Executive Director’s designee may act in the Executive Director’s stead in performance of certain duties.
Sections 46 and 47. These sections make grammar and capitalization corrections throughout the present and future versions of § 8905 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual.
Sections 48 and 49. These sections correct errors in §§ 573(d) and 574(b) of Title 30, from House Bill No. 324 of the 152nd General Assembly, by making clear that the statutes do not apply if a person is required to pay a tax under any of § 3002 of Title 30 or Chapter 51 or 52 of Title 30, rather than under all of those provisions.
Section 50. This section corrects errors in § 4071 of Title 31, from Senate Substitute No. 1 for Senate Bill 22 of the 152nd General Assembly, by inserting an introductory paragraph to this defined terms statute and redesignating the terms as directed by the Delaware Legislative Drafting Manual.
Sections 51 through 56. These sections correct errors in the Charter of the Town of Newport from Senate Bill No. 298 of the 152nd General Assembly by implementing changes which had been included without proper underlining of insertions and striking of deletions and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style.
| AN ACT TO AMEND TITLE 3, TITLE 6, TITLE 9, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 19, TITLE 21, TITLE 24, TITLE 26, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE, AND THE CHARTER OF THE TOWN OF NEWPORT, RELATING TO TECHNICAL CORRECTIONS. |
| SB 171 | Signed | Wilson | This Act amends the Town of Houston (“Town”) Charter to do all of the following:
1. Gender neutralize the Charter.
2. Clarify the voting rights for multiple owners of a single piece of real estate located in the Town.
3. Change the times for polling and elections.
4. Change the qualifications of Town Councilmembers, the Town Secretary, Assistant Secretary, Alderman, Assistant Alderman, Treasurer, Town Tax Collector, and Town Solicitor.
5. Change the dates on which nominations for Town Councilmembers can be made.
6. Clarify when Town Council meetings may be held and the date when Town Councilmembers can be sworn into office.
7. Change the type of contracts that the Town Council may enter into.
8. Change and clarify how Town taxes may be levied and collected.
9. Change how the Town budget must be posted.
10. Remove the regulation and control of observance of the Sabbath Day.
11. Change the Town’s right to regulate animals, beasts, birds, or fowl.
12. Increase the Town’s ability to levy fines.
13. Remove limits on the amount of revenue the Town may raise.
14. Clarify the utilities the Town may tax.
15. Increase the borrowing limits of the Town.
16. Give the Town greater flexibility to locate a bank to serve the Town.
17. Change the voting rights in special elections.
18. Corrects citations to the Delaware Code.
This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also incorporates previously enacted changes [64 Del. Laws c. 211] that were inadvertently not included in the online copy of the Town of Houston’s Charter.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF HOUSTON. |
| HB 197 w/ HA 1 | Committee | Griffith | 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. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STALKING. |
| SS 1 for SB 142 w/ SA 1 | Passed | Pettyjohn | This Act is a Substitute for SB 142 and differs from SB 142 in the following ways:
1. Specifies that schools must provide age-appropriate training to students about the dangers and warning signs of sexual extortion, including online safety.
2. Delays implementation of employee training and student instruction to August 1, 2027.
3. Makes additional technical corrections to § 4163 of Title 14.
In 2022, the FBI reported that law enforcement received over 7,000 reports related to the financial sexual extortion of minors, resulting in 3,000 victims and more than a dozen suicides. In 2023, South Carolina adopted “Gavin’s Law” in honor of Gavin Guffey, the son of Representative Brandon Guffey. Gavin was victim of sexual extortion, which led him to tragically take his own life at only 17 years old. Gavin’s Law created the crime of sexual extortion in South Carolina.
In Delaware, sexual extortion is a crime under § 774 of Title 11. It is classified as a Class E felony punishable by up to 5 years in prison. This Act increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison, under the following circumstances:
1. The defendant is an adult and the victim is a child, as defined in § 1100 of Title 11, or a vulnerable adult, as defined in §1105 of Title 11.
2. The defendant’s sexual extortion of the victim causes the victim to suffer serious physical injury or death.
Gavin’s Law also requires school districts to educate students, and their parents or guardians, about the crime of sexual extortion. South Carolina’s Department of Education recommended including the required education in the Erin’s Law curriculum. Delaware has adopted its own version of Erin’s Law, under § 4163 of Title 14, that requires school districts and charter schools to provide appropriate training to employees and students, and to provide information to parents, about personal body safety, child safety, and how to detect and report child abuse. This Act specifies that information about the crime of sexual extortion must be included in the educational programming required by Erin’s Law.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including restructuring § 774 of Title 11. | AN ACT TO AMEND TITLE 11 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION. |
| SB 175 | Passed | Hansen | This Act strikes the provisions in § 1014 (d) and (e) of Title 26, which allow Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies not to reimburse, credit, or otherwise remunerate net energy metering customers for any Excess kWh Credits at the end of the annualized billing period. Under the current provisions of § 1014 (d) and (e) of Title 26, Excess kWh Credits revert to the commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies, which denies net metering customers the benefit of the Excess kWh Credits. This Act requires Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies to credit or carry over any Excess kWh Credits for net energy metering customers so that the customers receive the benefit of the Excess kWh Credits. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET ENERGY METERING. |
| SJR 8 | Passed | Huxtable | This Joint Resolution directs the Delaware State Housing Authority to create a pilot program for the purpose of providing technical assistance related to zoning ordinance reform to local governments in Delaware. The goal of this pilot program is to help participating local governments identify and implement zoning practices that increase the supply of affordable housing and support goals such as equitable development and economic growth throughout this State. By giving local governments the technical assistance needed to modernize zoning ordinances, this pilot program will help Delaware close its affordable housing gap while allowing local governments the flexibility to adapt best practices to meet their jurisdictional needs. If successful, this pilot program will establish model policies for local government zoning ordinance reforms that can be expanded across this State. | DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CREATE A PILOT PROGRAM TO PROVIDE TECHNICAL ASSISTANCE FOR ZONING REFORM TO PARTICIPATING LOCAL GOVERNMENTS. |
| SB 176 | Passed | Huxtable | This Act allows Sussex County to apply an impact fee to building permits within the respective school district for the purpose of collecting funding for the local share of school capital construction programs. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO BUILDING PERMIT FEES. |
| HS 2 for HB 116 w/ SA 1 | Passed | Heffernan | This Act provides the Public Service Commission with the flexibility to consider and approve a discounted gas or electric residential utility rate for qualified low-income customers, provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility in cooperation with the Department of Health and Social Services. The Public Service Commission must review any discount rate approved under this Act every five years to determine if the discount rate should be re-authorized. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES. |
| SB 180 w/ SA 1 | Signed | Poore | The Board of Pharmacy (“Board”) has worked for several years to amend Chapter 25, Title 24 of the Delaware Code to update the statute governing pharmacy licensure and practice in this State. The result of these efforts is this Act, which modernizes Chapter 25 to include a licensure system similar to those already in place in many other states, reflects current practices and standards, and clarifies the law. The Board’s priority in amending Chapter 25 was to ensure competence and accountability of individuals, pharmacies, and other establishments regulated by the Board.
This Act expands and updates the definitions section to include terms related to current practice, such as “compounding” and “outsourcing facilities.” Board membership terms are increased: Board members will be eligible to serve for a maximum of three consecutive, three-year terms. The Board officers are identified as president and vice president. Several sections are added to the Board’s powers and duties, including the authority to promulgate a Code of Ethics.
This Act amends the qualifications for licensure as a pharmacist to set forth clearly objective criteria. With respect to licensure as a pharmacist by reciprocity, the “good standing” requirement is clarified, and a criminal background check requirement is added. The requirements for license renewal, reinstatement, and reactivation are amended to provide that, after a certain time period has expired, a licensee will be required to undergo a criminal background check and the licensee’s disciplinary history will be reviewed.
This Act revises the potential Grounds for Discipline of pharmacists to include violation of the Code of Ethics. Available sanctions are broadened to include permanent revocation and potential administrative penalties not to exceed $10,000 for the first violation with further penalties optional for subsequent violations. These changes will serve as a deterrent for licensee conduct posing a risk to the public health, safety, and welfare.
This Act strikes the provision for “Counseling of Pharmacists” to align statutory language with actual practice. Disciplinary matters are public and are addressed by the entire Board. The requirements for prescription labeling, pharmacy closing, and prescription departments will be addressed in rules and regulations to allow for necessary revisions as practice standards evolve.
This Act also revises the requirements for pharmacies and non-resident pharmacies in the interest of objectivity and consistency. Grounds for discipline and available sanctions are expanded. In particular, the Board will have the discretion to impose an administrative penalty not to exceed $250,000 for each violation with further penalties available for ongoing violations. Further, with respect to non-resident pharmacies, the Board will also have the authority to impose administrative penalties, up to $10,000 per day, for the infraction of delivering drugs into Delaware without a license issued by the Board.
This Act adds a new section for licensure requirements for manufacturers, wholesale distributors, outsourcing facilities, medical gas distributors, and retail non-pharmacies. Key personnel will be required to undergo criminal background checks. Possible administrative penalties are revised significantly, from $50 per day, to a maximum of $250,000 for each violation with further penalties available for ongoing violations. The option of this sanction will serve as a deterrent for wrongful conduct by establishments that are often delivering drugs from out-of-state into Delaware.
This Act also makes revisions to ensure that statutory provisions are consistent with other Title 24 professional licensing board practice acts. Technical corrections serve to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act takes effect 1 year after enactment.
| AN ACT TO AMEND CHAPTER 25, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PHARMACY. |
| SB 183 | Signed | Lawson | On February 18, 2025, the City of Harrington passed Resolution 25-R-02 to seek support from the General Assembly to amend the City Charter. This Act amends the City of Harrington Charter, as requested by the City Council, by doing all of the following:
1. Removing limitations on the number of terms that an individual may serve as Mayor or a member of the City Council.
2. Removing the requirement that City funds be placed in a bank located in the City and allow the funds to be placed in bank approved by the City Council.
3. Changing the annual budget deadline from May 1 to June 1.
4. Changing the deadline for the auditor of accounts to submit an audit report from within 120 days from the end of the fiscal year to within 150 days from the end of the fiscal year.
5. Removing the Clerk of Council from the succession of authority for Mayor.
6. Allowing an approved member of the City Council to sign checks in the Mayor’s absence.
This Act also makes additional requested changes, not included in Resolution 25-R-02, by doing all of the following:
1. Moving the deadline to determine the City’s revenue needs from May 1 to June 1 to match the updated budget deadline.
2. Removing the City Treasurer’s authority to approve and countersign checks or warrants for paying bills or other claims against the City, so that the checks or warrants must be approved and signed by the City Manager and the Mayor, or a Council member designated by the Mayor.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including adding language to clarify that the Vice Mayor is elected from among the City Council members instead of appointed.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter. | AN ACT TO AMEND THE CHARTER OF THE CITY OF HARRINGTON RELATING TO TERM LIMITS, BANKING, BUDGET AND AUDIT DEADLINES, SUCCESSION OF AUTHORITY, AND SIGNING CHECKS. |
| SS 1 for SB 165 | Passed | Sturgeon | Like Senate Bill No. 165, this Act requires the Department of Education to pilot a revised student improvement component under the Delaware Performance Appraisal System and Delaware Teacher Growth and Support System beginning in the 2025-2026 school year before implementing it statewide. The revised student improvement component must consider factors such as student absences, mobility, and noncompliance that may adversely affect a student’s performance. During the 2026-2027 academic year, the pilot program will expand, allowing for further refinement of implementation and support structures. Participants in the pilot program will be held harmless, so that the revised student improvement component will not factor into overall ratings. The program will be implemented statewide in 2027-2028 for all licensed and certified educators.
Senate Substitute No. 1 for Senate Bill No. 165 differs from SB 165 by holding also holding educators harmless during the pilot program and by making the following technical changes:
• Using the word “school” to refer to school districts and charter schools because “local education agencies” is not a defined term in the Code.
• Clarifying when the pilot program ends.
• Reorganizing the provisions to conform to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT IMPROVEMENT COMPONENT. |
| SJR 11 w/ SA 1 | Passed | Pinkney | This Senate Joint Resolution establishes the Juvenile Justice Educational Transitions Task Force to propose a plan to ensure more successful transitions of youth from Delaware’s secured post-adjudicatory residential placement back into middle school or high school, including consideration of a new educational facility specifically targeted at transition of those youth. | ESTABLISHING THE DELAWARE JUVENILE JUSTICE EDUCATIONAL TRANSITIONS TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING RE-ENTRY INTO COMMUNITY-BASED SCHOOLS AFTER INCARCERATION. |
| SB 187 | Signed | Sturgeon | The Department of Education (“Department”) currently administers the High Needs Educator Student Loan Repayment Program, the Speech-Language Pathologist Student Loan Repayment Program, and the Mental Health Services Student Loan Repayment Program.
Annually, these programs help roughly 600 public school employees, including educators, speech-language pathologists, school counselors, school psychologists, and school social workers, through a single application process, by making loan payments directly to student loan lenders. But paying the lenders directly has caused 2 persistent issues:
1. Because the payments are considered taxable income, award recipients have the tax withheld from their paychecks, even though the payments go directly to the lenders. This lowers the award recipients’ take-home pay and can create confusion and hardship.
2. The process involves sending out 600 or more individual checks each year. And many checks are returned or delayed due to changes in lender information or system mismatches.
To avoid these issues, the Department recommends combining the 3 different student loan repayment programs into a single program and changing the award process from a system that repays lenders directly to a system that pays stipends to public school employees through the State central payroll operation. These changes would streamline a system that already uses a single application and would do all of the following:
1. Avoid surprise tax impacts and imputed income issues.
2. Reduce administrative burden and failed payments.
3. Provide more timely and transparent support to award recipients.
The suggested changes are easy to implement, budget-neutral, and could allow public school employees who previously declined awards due to the tax consequences to benefit from the financial support.
This Act makes the changes recommended by the Department by doing all of the following:
1. Eliminates the separate Speech-Language Pathologist Student Loan Repayment Program, Mental Health Services Student Loan Repayment Program, and High Needs Educator Student Loan Repayment Program, and combines them into a single program under § 4163 of Title 14.
2. Shifts payment of awards from paying the lenders directly to paying the award recipients a stipend through the State central payroll operation.
3. Streamlines the process for determining financial need by allowing the Department to focus on collecting the income and loan information that is necessary to fairly allocate program funds.
4. Changes the title of § 4163 of Title 14 from the High Needs Educator Student Loan Repayment Program to the “Public School Employee Support Program for High Need Areas” because the 3 programs are now combined into a single program and the program is no longer a direct student loan repayment program.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR AND SCHOOL-BASED MENTAL HEALTH PRACTITIONERS SUPPORT PROGRAMS. |
| SCR 106 | Passed | Hoffner | This Concurrent Resolution directs the State Farmland Advisory Evaluation Commission to complete a study on how other states assess property and structures devoted to agricultural, horticulture, and forest use and report its findings and recommendations by March 2, 2026. | DIRECTING THE STATE FARMLAND EVALUATION ADVISORY COMMISSION TO COMPLETE A STUDY ON TAXATION OF FARM STRUCTURES AND AGRICULTURAL LAND. |
| SS 2 for SB 155 | Passed | Mantzavinos | This Act makes several changes to the Delaware Nursing Home Residents Quality Assurance Commission ("Commission"):
- Modernizes the Commission name to the "Delaware Residents’ Protection Commission." The Joint Legislative Oversight and Sunset Committee, during its review of the Commission from 2020-2022, recommended the Commission change its name to something shorter that is easier to remember.
- Better delineates the Commission's duties.
- Adds provisions to streamline the Commission's operations, including removal of a member who consistently misses meetings and approving Commission action on the affirmative vote of a majority of members present at a meeting.
- Gives the Commission the authority to seek grants to support the Commission's operations.
- Allows for the establishment of subcommittees to more effectively and efficiently meet the needs of the Commission
- Clarifies the Commission’s responsibility to advocate for residents of monitored facilities, work with other agencies and groups to promote systemic reform, and act as an informational resource for the public.
- Authorizes the Commission to hold a virtual meeting with a physical location open to the public if a Commission staff member is present at the anchor location.
This Act has an effective date of 90 days after the date of enactment into law, to provide the Commission with time to transition from the existing membership to the membership that this Act establishes. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Like Senate Substitute No. 1 for Senate Bill No. 155, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 by doing the following:
- Changes the term "long-term care facility" to "monitored facility."
- Removes language relating to Administrative Office of the Courts.
- Adds 2 members to the Commission: the President of LeadingAge New Jersey/Delaware and the Director of State Governor Affairs, Delaware, of the Alzheimer's Association, Delaware Valley Chapter.
- Makes a technical change to the provision relating to virtual meetings.
In addition, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 as follows:
- Maintains the Gubernatorial appointments as they exist in current law.
- Amends a Commission duty so that, under this Act, the Commission provides education and recommends policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION. |
| SB 190 | Passed | Hoffner | This Act is a Senate Bill version of House Bill No. 117, as amended by House Amendment No. 1 (“House Bill No. 117”), which was reported out of the House Agriculture Committee on May 14, passed by the House on May 22, and reported out of the Senate Agriculture Committee on June 11.
This Act replaces House Bill No. 117 to do all of the following:
(1) Correct the bill title to ensure adequate notice that this Act is intended to apply to land owned by a political subdivision of this State, not just land owned by this State.
(2) Make technical corrections consistent with the Delaware Legislative Drafting Manual.
(3) Clarify that under § 2002(b) of Title 3 the land referenced is intended to be land owned by this State or a subdivision of this State.
Otherwise, this Act is substantively identical to House Bill No. 117 and so, like House Bill No. 117, this Act requires this State and any political subdivision of this State to notify the Farm Bureau when land owned by this State or any political subdivision of this State is listed for bidding for agricultural use. This requirement applies to land that is at least 10 acres in size and is used or intended to be used for agricultural use. The requirement to notify the Farm Bureau is in addition to, and not in lieu of, any other notice required by law. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LEASES OF AGRICULTURAL LAND OWNED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE. |
| HS 2 for HB 70 w/ HA 1 + SA 2 | Passed | Harris | In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act.
Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented.
As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels.
Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden.
This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter.
As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months.
Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.
| AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT. |
| HCR 76 | Passed House | Heffernan | This Concurrent Resolution recognizes the significant health concerns regarding water bead toys and urges the Delaware Department of Education to take regulatory action to keep children safe. | RECOGNIZING SIGNIFICANT HEALTH CONCERNS REGARDING WATER BEAD TOYS AND URGING THE DELAWARE DEPARTMENT OF EDUCATION TO TAKE REGULATORY ACTION. |
| HA 1 to HB 197 | Passed | Griffith | This amendment removes the word "tracks" at line 25 and also updates the definition for a "course of conduct" to be in line with existing law that requires statements or communications under investigation be evaluated based on the subjective intent of the defendant rather than the objective intent. | |
| HCR 74 w/ SA 2 | Passed | Harris | This House Concurrent Resolution establishes the Housing Department Task Force. | ESTABLISHING THE HOUSING DEPARTMENT TASK FORCE. |
| SB 195 | Signed | Richardson | This Act updates the Town of Delmar's Charter as follows: 1) changes the time period in which a candidate must notify the town manager of their candidacy from 10 to 30 days, 2) updates a portion of the charter that was intended to be updated in HB 396 of the 152nd general assembly to increase Delmar's bonding limit from $1,000,000 to $10,000,000, 3) updates the language describing the circumstances in which a voter may be denied to include no longer being a resident of Delmar or other disqualification as described within Delmar's Charter, and 4) changes the word "biannually" to "biennially". | 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. |
| SB 200 | Signed | Walsh | This Bill is the Fiscal Year 2026 Bond and Capital Improvements Act. | A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2026; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS. |
| HB 230 | Signed | K. Williams | This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2026.
Section 1 – Government Units and Senior Centers $ 37,093,119
Section 2 – One-Times and Community Agencies $ 47,093,493
Section 3 – Fire Companies and Public Service Ambulance Companies $ 13,258,013
Section 4 – Veterans Organizations $ 839,000
GRAND TOTAL $ 98,283,625 | AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2026; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2026 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2026 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS. |
| HS 2 for HB 187 w/ HA 2 | Passed | Michael Smith | Like House Bill 187, this substitute permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers, so long as it is done through a common carrier permit. This substitute act adjusts the language in this act to be consistent with the Liquor Control Act (LCA). Language regarding common carrier licenses has been moved to Chapter 5 of Title 4. It adds a definition for "common carrier" and requires age verification training for common carrier employees and independent contractors, with training to be approved by the Commissioner. This substitute also extends the effective date of the Act to 365 days after enactment into law and requires the Commissioner to study the impact of this Act on wine retailers and submit the results of such study to the Governor and the General Assembly by June 1, 2028. This substitute also adds a sunset provision of 5 years to the Act, unless otherwise provided by a subsequent act of the General Assembly. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE. |
| HA 1 to SB 61 | Passed | Heffernan | This amendment removes the requirement that the report include an explanation of how each vote is in the interest of the public. | |
| HA 1 to SS 1 for SB 156 | Passed | K. Williams | This amendment replaces the term "medical services, products, and devices" with the term "health-care services" which is already a defined term in the Medical Debt Protection Act. It means "services for the diagnosis, prevention, treatment, cure, or relief of a physical, dental, behavioral, substance use disorder, or mental health condition, illness, injury, or disease. These services include any procedures, products, devices, or medications."
This amendment also makes a technical correction. | |
| HA 1 to SS 1 for SJR 7 | Passed | Harris | This amendment to Senate Joint Resolution No. 7 clarifies that the strategies and policies guiding the work of the State Employee Benefits Commission with respect to pharmaceuticals and pharmaceutical benefit managers must be informed by consideration of applicable State and federal law. | |
| HA 2 to SB 174 | Passed | Burns | This amendment removes "offenses against law-enforcement animals" from the list of offenses requiring an individual to be placed on an animal abuse offender list. | |
| HA 1 to SB 159 | Passed | Snyder-Hall | This amendment provides that this Act will sunset and no longer be of force and effect beginning January 1, 2027, except with respect to conditional use applications granted, deemed approved, or applied for and therefore subject to this Act prior to that date. | |
| HA 2 to HS 2 for HB 187 | Passed | Michael Smith | This amendment makes technical corrections and adds language referencing excise taxes due on sales to residents of this State as required by § 581(b) of Title 4. | |
| SB 199 | Signed | Sokola | This Act amends Chapter 44 of Volume 85 of the Laws of Delaware, formerly Senate Bill No. 159, as amended by Senate Amendment No. 1 and House Amendment No. 1, of the 153rd General Assembly, to delay the effective date of Chapter 44 of Volume 85 of the Laws of Delaware until January 31, 2026, and to repeal the sunset clause in Section of Chapter 44 of Volume 85 of the Laws of Delaware.
This Act is retroactive to the enactment of Chapter 44 of Volume 85 of the Laws of Delaware.
This Act does not affect or limit the retroactive effect of Section 2 of Chapter 44 of Volume 85 of the Laws of Delaware. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE AND CHAPTER 44 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO PUBLIC UTILITIES. |
