This Act is the first leg of a constitutional amendment that would establish a fundamental right for all employees to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. 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 to amend the Delaware Constitution. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.
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Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. This Act repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly intends to eliminate any outstanding balances owed on these fees.
This Act establishes an Early Childhood Education Endowment. For the fiscal year ending June 30, 2026, the State Treasurer is directed to transfer 1% of the annual revenue from the Corporate Franchise Tax to initially fund the Endowment. The Endowment is invested by the State Treasurer under a fiduciary standard. Programmatic administration and disbursement of released funds is the responsibility of the Department of Education in consultation with the IRMC to oversee the operation, expansion, and disbursements of the Endowment. Annual draw rates are capped at the prior fiscal year's net investment return on endowment assets and may not exceed 7.5% of total endowment balances in any year. The State Treasurer sets the draw rate after reviewing investment performance, endowment growth projections, and long-term sustainability. The State Treasurer may commingle endowment assets with other State Treasurer-managed investment portfolios for efficiency, provided that the endowment's proportionate share of income and gains is separately accounted for. "Expansion costs" include expenses to increase early child care and education program provider payment rates, increase equitable access and affordability of high quality early childhood education, extend the hours of operation covered, or to sustain such services. "Programmatic costs" include costs for parent and early child care and education enrollment campaigns, local governance partners, needs assessment technical assistance, facilities program technical assistance, and workforce recruitment and scholarships for educators. Not later than June 30 of each year, the State Treasurer must submit to the IRMC and the General Assembly an annual endowment report including: (1) total endowment market value; (2) net investment return for the prior fiscal year; (3) the draw rate authorized for the current fiscal year and the basis for that determination, including a 10-year sustainability projection; (4) total funds released to DOE and the purposes for which such funds were expended; and (5) any recommended adjustments to the draw rate for the ensuing fiscal year. Not later than January 1, 2033, and every 5 years thereafter, the Secretary of DOE must prepare an impact analysis concerning the operations of the Early Childhood Education Endowment and the effect that the expenditure of funds from the endowment has had on the availability, affordability, and quality of early child care in the State.
This Act prohibits employers from asking employees or potential employees about political preferences, including donations the employee makes to candidates for office or political committees. It also prohibits employers from taking any adverse action against an employee based on political affiliation or preference. The prohibition does not apply if a political affiliation or preference is a bona fide occupational qualification of the employment. It also does not apply if employer disclosure of employee contributions is required by federal or state law.
Long-term care facilities provide an important function in caring for the most vulnerable populations of the State of Delaware. However, these facilities are not required to have liability insurance to protect residents from harm caused by the facility. The bankruptcy filing of Genesis Health Care, one of the nation’s largest nursing home providers, which has operated facilities in Delaware, shed new light on the problems of long-term care facilities not being required to have liability insurance. Hundreds of claims across the country, including Delaware claims, related to substandard care causing injury or death to individuals face having no legal recourse to hold these facilities accountable. These claims include claims which Genesis had agreed to resolve for set amounts, which were to be satisfied with payments made in the future. Genesis filed for bankruptcy prior to making payments on many of these claims, including several claims resolved in Delaware, forcing the claimants to engage in a new and expensive process to pursue justice they had already resolved on their behalf or on behalf of their loved one. This Act requires long-term care facilities to have insurance policies that provide a minimum of $1 million per claim/$3 million aggregate coverage each for general liability and professional liability. This Act takes effect 180 days after enactment.
This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.
Maddy summaryThis legislative measure designates May 2026 as Cystic Fibrosis Awareness Month within the State of Delaware. The bill directly impacts state officials and the public by establishing an official timeframe for recognizing the disease. Its primary function is to raise visibility for cystic fibrosis through a formal proclamation rather than implementing new laws or funding. The resolution was passed by both the Senate and the House without requiring a formal vote in either chamber.
Maddy summaryThis bill formally designates September 2026 as "Prostate Cancer Awareness Month" within the State of Delaware. It directly affects state agencies and officials by establishing an official date for public awareness campaigns and educational events related to prostate cancer. The key provision is a symbolic recognition that encourages the state to highlight the importance of early detection and support for those affected by the disease. As a commemorative resolution, it does not create new laws or change funding but serves to unify state efforts around this health cause for the specified month.
This resolution recognizes the importance and expertise of Direct Support Professionals to our state on the occasion of May 21st as “Direct Support Professional Advocacy Day" sponsored by the Ability Network of Delaware and A Team Delaware.
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.