This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees will take effect on August 1, 2026, however changes to the partnership, limited partnership, and limited liability company annual tax and changes to the annual tax on registered series of limited partnerships and limited liability companies will take effect on January 1, 2026. This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of a tax levied by the State.
This Act prohibits law-enforcement officers from wearing facial coverings that obscure the identity of the individual wearing them in the course of their duties, with exceptions for undercover operations and exigent circumstances. This Act ensures that law enforcement officers in Delaware cannot wear masks or facial coverings that hide their identity when they are carrying out their official duties. Our community deserves to know who is enforcing the law, and clear identification is essential to building trust between residents and law enforcement. When law enforcement officers are acting in public and exercising authority, people should be able to see their faces. This improves accountability, strengthens public confidence, and makes Delaware safer for everyone. The bill defines “facial covering” to include items like balaclavas, ski masks, or tactical masks that obscure the face. It does not ban protective equipment such as medical masks, respirators, or breathing devices that officers need for health and safety, nor does it interfere with undercover operations that require anonymity. It also specifically exempts undercover operations that occur during the course of a criminal investigation or for SWAT teams that are specially trained police units used in high-risk situations that go beyond the capacity of regular patrol officers. This Act serves to empower Delaware law enforcement officers to intervene and verify the identity of any person claiming or otherwise acting as law enforcement while wearing a facial covering, but nothing in this Act diminishes the discretion of law enforcement officers to determine whether it is appropriate to stop or charge any person.
This Act requires every law enforcement agency in Delaware to adopt and publicly post a written policy requiring officers to display identification while performing enforcement duties. Identification must include the officer’s agency and a name, a badge number, or both. This Act also recognizes that there are circumstances where identification cannot or should not be displayed. It creates exceptions for: • Officers engaged in active undercover operations. • Officers wearing personal protective equipment (such as gas masks or respirators) that prevents identification from being visible. • Exigent circumstances, including imminent threats to people or property, an escape in progress, or the destruction of evidence. • Cases where there is a specific and articulable threat to the physical safety of the officer if identification is displayed. To ensure accountability, this Act makes failure to display identification a violation. Repeated violations may result in an unclassified misdemeanor, underscoring the seriousness of the requirement. This Act serves to empower Delaware law enforcement officers to intervene and verify the identity of any person claiming or otherwise acting as law enforcement but who fails to display clear identification, but nothing in this Act diminishes the discretion of law enforcement officers to determine whether it is appropriate to stop or charge any person. This Act also strikes a balance by giving the public confidence that law enforcement officers can be identified and held accountable while also preserving officer safety and operational effectiveness.
This Act updates how academic eligibility for driver education certification is calculated because many high schools have moved from the traditional 7-period school day to various forms of block scheduling. Under this Act, the Department of Education must establish, through regulations, how equivalent credit is calculated for courses taught on a block schedule or when the full length of a course is less than 1 year. This Act also adds world language to the academic courses from which a student may satisfy the credit requirement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is a result of the Joint Legislative Oversight and Sunset Committee's focused review of the Division of Developmental Disabilities Services' (DDDS) adult day and employment services. This Act requires that DDDS submit an annual report relating to its services to increase the transparency of the services and highlight unmet needs for efficient service delivery. In § 7909A(c)(2)a. of Title 29, DDDS will provide data on census, new applications, demographics of those groups, and the size and diversity of the provider system. Section 7909A(c)(2)b. allows DDDS to demonstrate that its services, and how the services are accessed, change over time. Section 7909A(c)(2)c. gives DDDS the flexibility to provide information on service requests that could not be met, why service requests could not be met, and observed gaps in service delivery, or other information related to challenges DDDS identifies related to the service system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act amends the Childhood Lead Poisoning Prevention Act to update the statutory definition of confirmatory blood lead testing for children under 16 years of age. The Act allows a confirmed elevated blood lead level to be established either through a venous blood lead test or through two capillary blood lead screenings collected within 12 weeks of each other, provided that the applicable lead reference value is met or exceeded. Two positive capillary blood lead screenings yield an effective specificity of approximately 99.75% when properly collected. This change is consistent with the Centers for Disease Control and Prevention surveillance case definition, reduces barriers to case identification and management, and requires conforming regulatory updates.
According to the Arts Education Partnership, 27 states currently include arts course credits as a requirement for high school graduation, and several states have implemented diploma seals or similar recognition programs to incentivize participation. This Act directs the Department of Education to establish the Delaware Certificate of Arts Excellence to recognize high school students who demonstrate sustained engagement and achievement in the arts. Establishing a similar program in Delaware could help increase arts enrollment, elevate the value of arts education, and support students interested in pursuing creative professions.
This bill extends the deadline for the Driving Under the Influence Prevention Task Force to submit its report from January 1, 2026, to January 1, 2027. The change directly affects the task force members and the agencies responsible for preparing the report, giving them an additional year to complete their work. The legislation does not alter the task force's purpose or scope, only the timeline for its final report submission.
This Act mandates that all current and prospective employees or contractors of the Office of Auditor of Accounts submit to state and federal criminal background checks.
This Act cleans up antiquated portions of The Liquor Control Act, under Title 4, by updating provisions that have been in the Code since the 1930s and making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also creates two new license types: (1) a special event license and (2) a bottle club license for businesses offering creative arts experiences like painting, candle-making, and other arts and engagement activities. In addition to technical changes, this Act makes all of the following changes to Title 4 of the Code: Sections 2, 7, 8, 15, 11, and 22 changes “retailer” or “retail” to “package store” in § 512A, § 512C, § 524, and § 904. Section 1 updates and modernizes definitions in § 101 by lowering the number of customers for concert hall licenses, clarifying that IRS-recognized 503(c)(3) or similar organizations may obtain gathering licenses, clarifying that an “importer” also means a wholesaler or distributor because the terms are used interchangeably throughout Title 4 and the Office of the Alcoholic Beverage Commissioner (“Office”) regulations, renaming a “retailer” as a “package store” and providing a clearer definition, and adding a new definition of “special event” for the special event license created by this Act. Section 2 requires the Office, under § 304, to provide current licensing data on its public-facing website rather than submitting annual reports to the Governor and the General Assembly. The Office already provides the licensing data on its website in lieu of paper reports that become stale quickly. Section 2 also updates how the Office provides notice of a hearing to consider a license application and the protests to the license application by removing the requirement to post the notice on the entrance door of the proposed licensee’s establishment and requiring the Office to mail notice by first class mail instead of registered mail. These changes reflect modern practices. Section 3 updates antiquated fiscal provisions in § 310 by requiring the Office to deposit receipts with the Office of the State Treasurer instead of the Division of Revenue and by requiring the Office to maintain receipt records and make the records available to the Division of Accounting instead of the Office of the State Treasurer. Section 4 allows the Auditor of Accounts (“Auditor”) to audit the Office, under § 313, as often as the Auditor considers necessary instead of requiring the Auditor to conduct an annual audit of the Office. Section 5 clarifies, under §501, that importers licensed as suppliers must deliver products directly to a licensed warehouse of a Delaware licensed importer because brokerage import firms licensed by the federal government as importers are also licensed as suppliers by the Office and act as agents of suppliers. Section 6 cleans up sentence structure in § 508 to clarify manufacturer and distillery reporting requirements. Section 9 removes the domestic sales cap on production for distilleries licensed under § 512E, because no other state has a similar production cap. Section 10 creates a new § 512H that allows the Delaware Alcoholic Beverage Control Commissioner (“Commissioner”) to grant to a qualified applicant a special event license for festivals, arts, crafts fairs, and other similar open-air events. The special event license permits the service and sale of alcoholic liquors for consumption on the licensed premises at special events hosted on the licensed premises by the landowner or tenant (the landowner could contract with a promotional company. A qualified applicant may hold only 1 special event license. The licensed premises must meet certain requirements, including having controlled ingress and egress. Also, at each special event sufficient food must be available at all times when alcohol is sold. A licensee must submit each special event to the Commissioner for review and approval at least 30 days prior to the special event (caterers have 20 days to provide the same materials but the Office feels the 10 extra days are needed for larger events), and the appropriate political subdivision must have approved the special event. The Commissioner may suspend a special event license, deny future licenses, or impose a fine of up to $10,000 per violation if the special event license holder has made misrepresentations on its application materials or fails to comply with the requirements of § 512H. Section 11 updates § 514 to allow an in-state manufacturer to donate alcoholic liquors to gathering license holders and require applicants for a biennial premises type gathering license to provide notice of application under § 524, unless the applicant has already been granted a biennial premises type gathering license and has no violations. Section 12 expands § 515A to allow the Commissioner to grant a bottle club license to a business establishment where customers pay a fee to participate in a creative arts experience, including painting, pottery-making, candle-making, or other similar activities. Some of these types of businesses already tell customers that the customers may bring alcohol, like a bottle of wine, on the premises. The bottle club license allows a licensed business’s customers to bring alcohol onto the business’s premises for on-premises consumption by the customer if sufficient food is provided while alcohol is being consumed. Section 13 updates § 516 by replacing “store” with “package store”, which eliminates off-premises licenses for restaurants and clubs because these establishments can now sell alcohol to-go. But the few existing licenses will be grandfathered, just like the taproom off-premises license that was eliminated in 1983. Section 14 gives a property owner or governing body who receives a notice of application under § 524 the option to file protests with the Office by email and updates the Office’s mailing address. Section 16 changes hearing requirements under § 541 so that the Office is not required to hold a hearing to consider a license application and the protests to the application, unless at least 5 persons who filed protests and who reside or own property located within 1 mile of the premises or in any incorporated areas located within 1 mile of the premises pre-register to testify at the hearing. Community members often will sign a filed protest, but then not show up to testify at the hearing. Yet the Office incurs hundreds of dollars in costs, including hiring a court reporter and publishing the hearing notice in 2 newspapers. This causes delay in approving an application and causes the State to incur costs for a hearing it did not need to hold because the application could have been granted on the paperwork. Requiring at least 5 persons to pre-register to testify should help small businesses open more quickly and still preserve a community’s opportunity to address concerns about an application at a hearing. The Office is sensitive to community concerns about license applications and believes that the communities should be able to voice their concerns at a hearing. But the Office also believes that having the option to cancel a hearing, if the persons who file a protest choose not to follow through with the protest, would alleviate unnecessary costs and delays in processing license applications. Section 16 also requires the Office to post the hearing notice on the State Public Meeting Calendar instead of publishing the hearing notice in a newspaper, because hearing notices are already mailed and emailed to individuals who have filed a protest with the Office. Section 18 adds a new license fee under § 554 for the new special event license. Section 18 also adds holders of a beer garden license to the list of licensees required to pay an additional $100 biennial license fee to be deposited in the Overservice Investigation Fund used to implement, administer, and enforce the Delaware Responsible Alcohol Beverage Server Training Program. All other on-premises license types pay the fee and the omission of the beer garden licenses appears to be a statutory oversight. Sections 19 and 21 remove an antiquated provision that permits spouses, brothers, sisters, other family members, and employers to appeal to the Commissioner to investigate, decide, and then prohibit the sale of alcohol to certain people. Section 20 adds requirements for labeling batched cocktails and infused beverages prepared by licensees to § 712, so that customers know the ingredients used in the cocktails and beverages. Section 23 delays implementation of Section 10 and Section 12 of this Act, so that the Office may prepare to implement the new special event license and the new bottle club license. This Act takes effect on the Act’s enactment into law and Section 10 and Section 12 of this Act are to be implemented the earlier of the following: (1) Six months from the date of the Act’s enactment into law. (2) Notice by the Alcoholic Beverage Control Commissioner published in the Register of Regulations that final regulations to implement Section 10 and Section 12 of this Act have been adopted. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
This Act provides that health care facilities must permit patients who have been issued and possess a valid registry identification card for the medical use of marijuana and have a terminal illness to use medical marijuana on the health care facilities’ premises, subject to certain restrictions. However, a health care facility may prohibit or suspend such use of medical marijuana under some circumstances, such as if the facility's medical professionals determine that use of medical marijuana may have an adverse impact on the medical care and treatment of the patient or is otherwise contraindicated, or if a federal regulatory agency, the United States Department of Justice, or the Centers for Medicare and Medicaid Services initiates an enforcement action against a health care facility based on the use of medical marijuana on the facility's premises or issues a rule or guidance prohibiting the use of medical marijuana at health care facilities. In addition, the Act provides that a person is not subject to civil or criminal liability or professional discipline for complying with the Act, except in cases of gross negligence, recklessness, or intentional misconduct. This Act is modeled on a 2021 California law known as "Ryan's Law."
This Act requires that an electric supplier’s interconnection rules, for purposes of net-metering, align with the most recent version of the Interstate Renewable Energy Council’s Model Interconnection Procedures (Procedures) within 12 months of the Procedures’ latest publishing date.
