Delaware Bills

signed · Delaware · House May 7, 2025

HB 25: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO TOWN OF MILLSBORO ELECTION DISTRICTS, VACANCIES, AND THE TOWN SECRETARY.

This bill amends the charter of the Town of Millsboro to authorize redistricting of the Town's 3 municipal election districts using the 2020 federal decennial census by January 1, 2026 and to thereafter redistrict within 2 years of the latest federal decennial census. This bill also changes the process to fill a vacancy on the Town Council so that: (1) the Town Council shall appoint a person to fill a vacancy when there is less than 1 year remaining in the vacant term; (2) a special election is required to fill a vacancy when there is more than 1 year remaining in the vacant term; and (3) the Town Council shall appoint a person to fill the vacancy if no one files to run in the special election. This bill also clarifies that the Secretary shall be one of the members of the Town Council and describes the duties of the Secretary.T

failed · Delaware · House May 6, 2025

HB 8: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.

This Act amends Delaware’s marriage laws to recognize a valid marriage between first cousins obtained or recognized outside of Delaware (either in another state or territory of the United States or foreign country) as a valid and legal marriage in Delaware. This Act does not legalize the performance of marriages between first cousins within the State of Delaware. U.S. Immigration Services only recognizes marriages for immigrating couples as “valid” if the marriage is valid both where the marriage was performed and in the state where the couple is currently living or planning to live. Couples planning to settle in Delaware have been advised by federal officials to move to neighboring states that recognize marriages between first cousins as legal, leading to loss of economic activity to the state and unnecessary financial hardships for families seeking legal reunification. This substitute bill makes a technical correction and removes subsections of the Code that are unchanged.

in committee · Delaware · Senate May 6, 2025

SB 126: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO VOTING LOCATION.

This Act will allow voters in primary and general elections to vote at any polling place in their county of residence. The Act’s goal in doing so is to increase access to voting by giving voters the ability to vote at the polling place in their county that is most convenient to them. This Act also gives the State Election Commissioner the authority to consolidate polling places into centrally located centers for voting, as long as each election district retains at least one polling place and the consolidation of polling places does not result in an undue burden on voters’ access to polling places.

in committee · Delaware · Senate May 1, 2025

SB 114: AN ACT TO AMEND TITLES 10, 22, AND 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION AND THE EXERCISE OF EMINENT DOMAIN.

This Act requires a municipality to comply with all limitations and requirements contained in Chapter 95 of Title 29 and § 120 of Title 22 whenever the municipality uses eminent domain to acquire real property. This Act prohibits a municipality from using eminent domain to acquire real property for recreational use. Additionally, a municipality shall hold a public hearing before using eminent domain to acquire real property. A municipality shall give notice of the public hearing at least 10 days prior to the date of the public hearing by doing all of the following: Publishing an advertisement in a newspaper of general circulation in the municipality or in the county in which the municipality is located. If the owner can be identified, by mailing written notice by certified mail to the owner of the real property the municipality plans to acquire by eminent domain. The required notice must include all of the following information: A description of the real property to be acquired. The public use for which the real property is to be acquired. The time and place for the public hearing. At the public hearing, all of the following must be explained: The public use for the real property is to be acquired. The reason for choosing the real property for the public use. The right of each owner of the real property to receive just compensation under Chapter 95 of Title 29. The right of each owner of the real property to negotiate, including the right to accept or reject the offer of damages required under Chapter 95 of Title 29. Public comment must be allowed at the public hearing and any objection raised at the public hearing must be considered. This Act also updates the condemnation procedure in Chapter 61 of Title 10 to require a municipality bringing a condemnation action to show compliance with the public hearing requirement in § 120 of Title 22 in its complaint. This Act applies to condemnation proceedings filed after the Act’s enactment into law. 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 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, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

in committee · Delaware · House Apr 17, 2025

HB 125: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FREE SCHOOL MEALS PROGRAM.

This Act builds on House Substitute 2 for House Bill No. 125, enacted by the 152nd General Assembly, which extended free meals to students eligible for a reduced-price meal under federal law. This Act expands the availability of free meals by making them available to all public school students attending schools participating in the federal School Breakfast Program or National School Lunch Program. This Act requires public schools participating in the School Breakfast Program to make available free breakfasts to all attending students, regardless of household income. This Act also requires public schools participating in the National School Lunch Program to make available free lunches to all attending students, regardless of household income. This Act requires the Department of Education to reimburse schools for costs of eligible meals not reimbursed by the United States Department of Agriculture under the School Breakfast Program and National School Lunch Program. This Act adds definitions for breakfast, lunch, and eligible meal. This Act also removes the provision about the requirement for meals to follow the meal pattern requirements under the School Breakfast Program and the National School Lunch Program because the definitions of breakfast and lunch now include that requirement by reference to federal law. This Act takes effect 30 days following the date of publication in the Register of Regulations of a notice from the Controller General that funds have been appropriated to implement the provisions of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Topics ✓ Education

in committee · Delaware · House Apr 16, 2025

HB 80: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.

The Renewable Portfolio Standard (RPS) is the percentage of electricity that utilities must source from renewables. This is presently set at 25% and will increase annually, culminating at 40% in 2035. Delaware does not currently have enough renewable energy to meet the present mandate, let alone future RPS requirements. Renewable energy is also in short supply on the regional power grid. If it is available, consumers are paying additional distribution charges to transmit it to Delaware. If renewable energy is not obtainable, Delaware utilities are paying penalties to the state for failing to achieve the RPS mandate. In each of the last two years, Delmarva Power has spent about $13 million annually in such state mandated compliance fees. All these cost multipliers are being passed along to consumers, making power more expensive for Delaware ratepayers. This bill recognizes the current flawed public energy policy that has resulted in renewable energy demand significantly outpacing supply. This legislation seeks to provide relief to Delawareans by rolling back the Renewable Portfolio Standard to 10% and maintaining the RPS requirement for the next 10 years, providing sufficient time for renewable generation capacity to meet demand. After the 10-year period expires, the RPS percentage will resume scheduled annual increases.

Topics ✓ Energy

in committee · Delaware · House Apr 15, 2025

HB 57: AN ACT TO AMEND TITLES 6 AND 11 OF THE DELAWARE CODE RELATING TO HOME CONSTRUCTION CONTRACTS.

This Act protects consumers by regulating home improvement contracts. Among other things, this Act provides the buyer with a right to cancel home improvement contracts within 3 days (5 days for those over the age of 62 or with a disability); limits contract deposits and material deposits; and time periods in which construction must begin. It also prohibits confessions of judgments and hasty debt transfers. If a party to a home improvement contract violates a provision of this new subchapter, a person who is damaged as a result has a cause of action to seek damages, costs, and reasonable attorney's fees. This Act also creates a requirement that individuals convicted of 2 or more offenses of home improvement fraud after the effective date of this Act must be subject to debarment. This debarment will preclude these individuals from operating a business which engages in home improvement services or from employing other individuals to engage in home improvement services. Debarred individuals may work for a company which engages in home improvement themselves, so long as they are not in control of the company in question. This bill also enhances penalties for home improvement fraud for those with prior convictions for home improvement fraud; and creates enhanced penalties for individuals who engage in home improvement services while operating companies which are not registered with the Delaware Department of Labor’s Contractor Registry.

in committee · Delaware · Senate Apr 14, 2025

SB 103: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

This Act requires that for every public works contract or aggregate of public works contracts relating to a project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works) and which is paid for, in whole or in part, with public funds, which requires or involves the employment of mechanics and/or laborers shall contain a provision requiring the payment of the prevailing wage.

signed · Delaware · House Apr 14, 2025

HB 33: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CONTROLLED SUBSTANCES IN THE CITY OF NEWARK.

This Act allows criminal charges of using, consuming, or possessing other than a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols and charges of public consumption of the same, where the offense is committed in the City of Newark by a person over 18 years of age, to be heard initially at either the Alderman’s Court or in the Court of Common Pleas. This Act likewise allows a civil violation for a person under the age of 21 using, consuming, or possessing a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols to be heard initially at the Alderman’s Court where the violation is committed in the City of Newark by a person over 18 years of age.

failed · Delaware · House Apr 9, 2025

HB 92: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM.

This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Emissions Program thereby terminating the Electric Vehicle Mandate.

Topics ✗ Energy ✗ Environment

in committee · Delaware · Senate Apr 9, 2025

SB 104: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TRAUMA KITS.

Access to a trauma kit to stop bleeding is a vital first aid tool that can save lives in emergency situations where people are exposed to or may be exposed to traumatic circumstances. This Act defines what a trauma kit is and requires the managing entities of certain buildings acquire and place at least 6 trauma kits in a clearly visible, centrally located, and accessible area. The Act further requires the property managing entity or person to ensure the kits are appropriately placed and replaced if needed. The property managing entity or person must also send notification to tenants of the building regarding the locations of the trauma kits and instructions on how to use them. This Act does not apply to private homes, residences, or vehicles. The Department of Labor and the Department of Health and Social Services must adopt rules and regulations pertaining to the bill. Any person who violates this Act would be subject to fines of $100 for the first violation and $250 for any subsequent violations. Use of a trauma kit in an emergency care situation is protected from civil liability pursuant to §§ 6801 and 6802 of Title 16. This Act becomes effective 180 days upon enactment.

in committee · Delaware · House Apr 8, 2025

HB 108: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX MODIFICATIONS SUBTRACTED FROM FEDERAL ADJUSTED GROSS INCOME.

This bill increases Delaware's personal income tax exclusion for pension income from $12,500 to $25,000 annually. It directly affects Delaware residents who receive pension income, allowing them to exclude more of that income when calculating their state taxable income. The key provision doubles the amount of pension earnings that are exempt from state taxation. This change reduces the state tax burden for qualifying pensioners without altering other tax rates or brackets.

Topics ✓ Budget & Taxes

Bill results