This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act.
This Act makes amendments to the Charter of the Town of Dewey Beach. Section 1 strikes language regarding budget requirements and process in Section 8(c) of the charter in favor of language that is currently included in Section 22 of the charter, concerning the Town Budget. Section 2 of the Act provides that the Town Manager is responsible for parking administration, in addition to the other enumerated responsibilities of the Town Manager under the current charter. Section 3 of the Act provides that the Town Manager, with the concurrence of the Audit Committee, may terminate the contract of an independent audit firm's contract to perform audit services for the Town. Section 4 of the Act provides that any candidate for Chief of Police who is not certified by the Delaware Council on Police Training must complete the necessary training for certification within 1 year of the date of employment, as a condition of employment. Section 5 of the Act provides that the Beach Patrol Captain is required to serve under a contract of no more than 3 years. Section 6 of the Act strikes redundant language regarding the town's power to borrow money, in favor of language currently included in Section 26 of the charter, concerning Borrowing Money and Issuing Bonds. Section 7 of the Act amends Section 26 of the charter to provide that bonds or other forms of certificates of indebtedness issued by the Town are exempt from all state, county, or municipal taxes and that the Town's indebtedness, in the aggregate, may not exceed $3 million at any one time.
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.
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.
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".
This Act allows the Auditor of Accounts to issue subpoenas directly, removing a requirement that the Auditor first file a praecipe with the Superior Court prothonotary. It also allows the Auditor to effect service of such a subpoena, and to apply for a court order if a recipient fails to respond to a subpoena. Failure to comply with such a court order may be punished as contempt of court. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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.
This Act prohibits the issuance of an open license for a retail facility upon the expiration of a conversion license if the location of the retail facility would be in violation of the law of a municipality under § 1351 of this title.
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.
This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale in this State expanded polystyrene foam food service packaging products, most expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, such as packing peanuts. These types of expanded polystyrene foam products are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene food service packaging products, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, this Act helps protect the environment from harmful waste. The Act does allow for certain uses of expanded polystyrene packaging (e.g., trays for raw or butchered meat) when necessary for health and safety reasons. This Act also allows for a temporary waiver of its prohibition on expanded polystyrene foam food packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging if there is not a financially feasible or commercially available alternative for a specific expanded polystyrene foam product prohibited under this Act, and the retail store or wholesaler can show that the ban will cause a significant financial hardship. This Act is a Substitute for Senate Bill No. 130. It differs from Senate Bill No. 130 as follows: 1. Specifies that the prohibition on expanded polystyrene foam products is limited to expanded polystyrene foam food service packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging such as packing peanuts. 2. Clarifies that the prohibition on these products applies only to products sold in Delaware, by Delaware retail stores and wholesalers, and narrows the definitions of retail stores and wholesalers accordingly. This change is being made to alleviate concerns that the Act attempted to regulate expanded polystyrene foam products sales in other states. 3. Explicitly excludes food establishments such as restaurants from the definition of “retail store”, as the use of polystyrene foam food service products in food establishments is already regulated under § 3004Q of Title 16. 4. Removes language that had allowed the Department of Natural Resources and Environmental Control the discretion to create new exemptions. 5. Creates an exemption for expanded polystyrene coolers used to transport or ship live fish or other marine life. 6. Consolidates the waiver provisions into a single provision that allows for a 1-year renewable waiver in cases where compliance with is not a financially feasible and commercially available alternative for a specific expanded polystyrene foam product and the retailer or wholesaler can show that the ban will cause significant financial hardship. This Act takes effect on January 1, 2027.
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.
This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down health care costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded.
