HB 329 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLES 20 AND 29 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT AND EMERGENCY REGULATIONS.

Summary
This Act's purpose is to create checks and balances between the Executive and Legislative Branches of State government relating to Emergency Orders. This Act recognizes the authority of the Governor to act in the event of an emergency by allowing the Governor to declare an emergency for 120 days and to renew that order for up to 60 more days, for a total of 180 days. Thereafter, to extend or renew the emergency order beyond the 180 days, such order will be subject to actions taken by the General Assembly. The Governor may terminate any emergency order or renewal order at any time. This substitute bill clarifies that after an Emergency Order has been in effect for 180 days, the General Assembly may act to terminate or amend the Order, but the Order could continue to be renewed until the Governor or the General Assembly act to the contrary. Also, the substitute requires a report to the General Assembly every 30 days during the continuation of a State of Emergency.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Jul 2026
Governor
Introduced May 19, 2026 Last action Jul 1, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HS 1 for HB 329 Bill Text · 10 edits
MAJOR
HB 329 was transformed from a narrow amendment (changing only an effective date) into a comprehensive standalone act creating legislative checks on gubernatorial emergency powers in Delaware. The bill limits the Governor to 180 days of emergency authority without legislative action, requires 30-day written reports to the General Assembly, mandates specificity in orders restricting businesses and institutions, and gives the legislature power to amend or terminate renewals beyond that threshold.
Scope change
The bill's scope expanded dramatically from a one-line effective-date amendment to a full legislative act imposing multiple constraints on gubernatorial emergency powers, including time limits, reporting requirements, specificity mandates, and legislative override authority.
SCOPE

The bill was restructured from a single-line amendment to a full act amending three sections of Delaware Code (20 Del. C. 3115, 3116, and 29 Del. C. 10119), establishing a comprehensive framework for legislative oversight of emergency orders.

Powers delegated by the Governor to any secretary, department, agency, or other entity are subject to the same time limitations and General Assembly action requirements as if exercised directly by the Governor.

Sen. Hoffner was added as co-sponsor along with numerous additional cosponsors from both chambers, indicating broader bipartisan support for the expanded bill.

REQUIREMENT

A state of emergency may last up to 120 days initially and be renewed once for 60 days (180 days total) without General Assembly action. Any second or subsequent renewal beyond 180 days may be amended or terminated by Concurrent Resolution of the General Assembly.

The Governor must provide written reports to the General Assembly every 30 days while a state of emergency is in effect.

Any emergency order restricting activities of business, childcare, healthcare, religious, educational, or non-profit facilities must specifically identify which entities, facilities, activities, or operations are restricted.

Any emergency order issued within 3 months of a prior terminated order based on substantially similar reasons may be amended or terminated by the General Assembly at any time.

ENFORCEMENT

The General Assembly may meet in person or virtually at the call of either chamber's presiding officer or the Governor to consider renewal orders, and must convene within 15 days of being called.

No emergency regulation substantially similar to a current or prior expired/terminated one may be adopted without General Assembly approval (amending 29 Del. C. 10119).

TIMELINE

The effective date was changed from 'when the Governor in office at enactment is no longer Governor for any reason' to 'immediately upon the ending of the Governor's term of office next occurring after enactment.' The new version only triggers at the end of a full term, not upon resignation or removal.

Floor votes · Senate Jul 1, 2026 · House Jun 18, 2026

How they voted

200
Passed · 1 other
Total votes 21
Jul 1, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
5 Yea 1
83% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
7
Key actions
4
Committee
1
Amendments
2
Jul 1, 2026
Upper · Passed
Passed By Senate. Votes: 20 YES 1 ABSENT
upper
Jun 24, 2026
Upper · Passed
Reported Out of Committee (Corrections & Public Safety) in Senate with 5 Favorable
upper
Jun 18, 2026
Introduced
Assigned to Corrections & Public Safety Committee in Senate
upper
Jun 18, 2026
Lower · Passed
Passed By House. Votes: 39 YES 2 ABSENT
lower
Jun 18, 2026
Lower · Passed
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
lower
Jun 11, 2026
Introduced
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
lower
May 19, 2026
Introduced
was introduced and adopted in lieu of HB 329
lower
16 primary · 0 co-sponsors

Sponsors