This House Concurrent Resolution celebrates the progress of the LGBTQ+ movement and acknowledges the month of June 2026 as LGBTQ+ Pride Month in the State of Delaware.
Maddy summaryThis bill designates May 20, 2026, as Public Health Advocacy Day in Delaware to formally acknowledge the importance of public health efforts. It is a symbolic measure that does not alter laws, allocate funding, or impose new requirements on individuals or organizations. The resolution serves as an official state recognition rather than a functional policy change.
This Act adopts the 2017 updates to the Uniform Parentage Act ("Uniform Act") authored by the Uniform Law Commission. Delaware 's current law related to parentage is based on the Uniform Law Commission's 2000 version of the Uniform Parentage Act. The Uniform Law Commission’s website states that it “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The 2017 updates to the Uniform Act have been adopted by 11 states and is pending before the Pennsylvania state legislature. This Act, through the adoption of the Uniform Act, does all of the following: (1) Removes gendered terms throughout this Act to ensure equal treatment of children born to same-sex couples. In Obergefell v. Hodges, 135 S. Ct. 2584 (2015), the U.S. Supreme Court held that laws barring marriage between two people of the same sex are unconstitutional. And, in Pavan v. Smith, 137 S. Ct. 2075, 2078-79 (2017), the U.S. Supreme Court held that a state may not deny married same-sex couples recognition on their children’s birth certificates that the state grants to married different-sex couples. After these decision, parentage laws that treat same-sex couples differently than different-sex couples may be unconstitutional. These changes are also consistent with Delaware’s efforts to write laws using gender silent language unless a solely masculine or feminine term is required to apply a law to 1 gender. See § 211(c) of Title 1 of the Delaware Code. Specifically, these changes include broadening the provisions of Delaware’s parentage law related to the presumption of parentage (Section 11 of this Act), acknowledgment of parentage (Sections 12 through 26 of this Act), genetic testing (Sections 41 through 52 of this Act), and assisted reproduction (Sections 82 through 89 of this Act) to make them gender neutral. (2) Includes a provision for the establishment of a de facto parent as a legal parent of a child. A de facto parent is one who functions as a parent to the child but is unconnected through biology or marriage. This is not a change for Delaware, which has recognized de facto parents in Delaware’s definition of parent in Delaware’s parentage law since 2010. This Act moves the process for establishing de facto parentage to § 8-609 of Title 13 (Section 62 of this Act) to be part of the provisions related to adjudicating parentage, as establishing de facto parentage requires a judicial determination. (3) Updates the assisted reproduction provisions of Delaware’s parentage law, including the parental status of a deceased individual addressing issues similar to those raised by Senate Substitute No. 1 for Senate Bill No. 119 (153rd General Assembly). Specifically, the Uniform Act would treat a deceased individual as a parent of a child conceived by assisted reproduction if the embryo is in utero not later than 36 months after the individual’s death or the child was born not later than 45 months after the individual’s death and if one of the following apply: a. The individual consented in a record to be a parent if assisted reproduction occurs after the individual’s death. b. The individual’s intent to be a parent after the individual’s death is established by clear-and-convincing evidence. (4) Updates the surrogacy provisions of Delaware’s parentage law to reflect recent scientific, legal, and cultural developments in surrogacy practice (See Section 90 of this Act). Delaware’s parentage law currently includes a gestational carrier law and this Act continues that law and adds procedures related to a genetic carrier, which is an individual who is not an intended parent but becomes pregnant through assisted reproduction using the individual’s own gamete. Specifically, §§ 8-801 through 8-807 establish the rules that apply to both types of carrier agreements. Sections 8-808 through 8-813 includes the current rules that apply to gestational carrier agreements. Sections 8-814 through 8-821 adopts the Uniform Act’s rules that apply to genetic carrier agreements. (5) Adopts requirements and procedures regarding access to non-identifying medical history and identifying information regarding gamete providers by children born through assisted reproduction and their parents. Based on data from 2015, the CDC reports that “approximately 1.6% of all infants born in the United States every year are conceived using ART.” Data suggests that this percentage continues to increase. Gaia Bernstein, Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Ind. Health L. Rev. 291, 298 (2013) (noting that “from 2004 to 2008 the number of IVF cycles used for gestational surrogacy grew by 60%, the number of births by gestational surrogates grew by 53% and the number of babies born to gestational surrogates grew by 89%”). Accordingly, it is increasingly important for states to address these issues. The Uniform Act specifically does the following: a. Requires gamete banks and fertility clinics to collect and retain both identifying information and nonidentifying medical history about gamete donors. b. Requires gamete banks and fertility centers to provide non-identifying medical history to parents on request at any time and on request by the donor-conceived child who attains 18 years of age. c. With regard to identifying information, provides that a gamete bank or fertility center shall provide this information to the donor conceived child who attains 18 years of age on their request. (6) Makes technical corrections that conform existing law to current standards of legislative drafting, consistent with the Uniform Act and the standards of the Delaware Legislative Drafting Manual. (7) Consolidates or transfers existing provisions of Delaware’s Parentage Act to ensure logical organization of the law consistent with the Uniform Act, including the following: a. Definitions related to genetic testing, which are transferred from § 8-102 to § 8-501 (Section 41 of this Act). b. Provisions related to genetic testing, which are transferred to § 8-503(e) and (h) (Section 43 of this Act) from § 8-622 (Section 70 of this Act). c. Provisions related to the admissibility of results of genetic testing, which are transferred to § 8-606 (Section 59 of this Act) from § 8-621 (Section 69 of this Act). d. Provisions adjudicating parentage of a child with an alleged genetic parent, which are transferred to § 8-607 (Section 60 of this Act) from §§ 8-622, 8-623, 8-631, and 8-634 (regarding adjudicating parentage by default) (Sections 70, 71, 73, and 76 of this Act). e. Provisions adjudicating parentage of a child with a presumed parent, which are transferred to § 8-608 (Section 61 of this Act) from § 8-607 (Section 60 of this Act). f. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). g. Provisions adjudicating parentage of a child with an adjudicated parent, which are transferred to § 8-611 (Section 64 of this Act) from § 8-609 (Section 62 of this Act). h. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610 (Section 63 of this Act) from § 8-609 (Section 62 of this Act). i. Provisions related to issuing temporary orders, which are transferred to § 8-615 (Section 67 of this Act) from § 8-609 (Section 62 of this Act). j. Provisions related to combining proceedings, which are transferred to § 8-616 (Section 67 of this Act) from § 8-610 (Section 63 of this Act). k. Provisions related to proceedings before birth, which are transferred to § 8-617 (Section 67 of this Act) from § 8-611 (Section 64 of this Act). l. Provisions related to the child being a party and representated, which are transferred to § 8-618 (Section 67 of this Act) from § 8-612 (Section 65 of this Act). m. Provisions related to the court adjudicating parentage, which are transferred to § 8-619 (Section 67 of this Act) from § 8-632 (Section 74 of this Act). n. Provisions related to dismissal for want of prosecution, which are transferred to § 8-621 (Section 69 of this Act) from § 8-635 (Section 77 of this Act). o. Provisions related to orders adjudicating parentage, which are transferred to § 8-622 (Section 70 of this Act) from § 8-636 (Section 78 of this Act). p. Provisions related to the binding effect of a determination of parentage, which are transferred to § 8-623 (Section 71 of this Act) from § 8-637 (Section 79 of this Act). q. Miscellaneous provisions currently in subchapter IX which are transferred to subchapter X to allow for the inclusion of new provisions related to information about donors of gametes or embryos intended for use in assisted reproduction. (8) In Sections 98 through 125 of this Act, makes changes to conform existing law to the changes made by the Uniform Act. The majority of these changes ensure consistent usage of terms and definitions used by the Uniform Act.
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.
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.
Because Delaware lacks an adequate amount of emergency shelter beds, housing support services, and affordable housing units, only 952 out of 7,131 households that contacted the Housing Alliance Delaware’s homelessness hotline in 2024 were referred to housing assistance. Without adequate shelter available, thousands of individuals experiencing homelessness are forced to seek shelter on the streets, parks, parking lots, and sidewalks, which puts them in constant conflict with local residents, businesses, and the police. Instead of providing adequate housing, local governments are using emergency services, hospital services, and the criminal justice system to remove unhoused individuals from public spaces, exacerbating the barriers unhoused individuals face to achieve stable housing and wasting taxpayer money. This Act seeks to incentivize localities to coordinate or create adequate emergency housing, permanent housing, and wrap-around services for individuals experiencing homelessness, which will ease the financial burden placed on emergency services, hospitals, and the criminal justice system, while providing unhoused individuals stability and dignity. To that end, this Act does the following: 1. Permits an individual experiencing homelessness to conduct life sustaining activities in public, so long as such activities do not obstruct the normal movement of pedestrian or vehicular traffic in such a manner that creates a hazard to others, unless adequate alternative indoor space is available to the individual in a given jurisdiction and has been offered to the individual, including transportation for the individual and their belongings. 2. Mandates that an individual experiencing homelessness receive the same degree of protection for personal property stored in public places as personal property stored in a private dwelling, which includes protections against unreasonable search and seizure. 3. Prohibits the State or local jurisdiction from requiring an individual experiencing homelessness to move a motor vehicle or a recreational vehicle provided that the vehicle is parked on public property and the vehicle is not parked in a position to obstruct the normal movement of traffic or create a hazard to other traffic upon the highway. 4. Provides that, if a motor vehicle or recreational vehicle must be moved because the vehicle is obstructing normal movement of traffic or creates a hazard to other traffic on the roadway, the individual experiencing homelessness must be permitted to relocate the vehicle before a parking ticket is issued or the vehicle is towed. This Act does not prohibit State and local governments from making and enforcing reasonable time restrictions on public spaces (including public parks and parking lots) so long as those time restrictions apply to everyone and are not disproportionately enforced against individuals experiencing homelessness. The Attorney General may commence a civil action against any State or local government, government agency, or government official that violates this Act and this Act also contains a private right of action. No monetary or punitive damages may be awarded under this Act. This Act specifically waives sovereign immunity. This Act is named in honor of Dr. DeBorah Gilbert White.
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.
