Rep. Bill Bush

This House Concurrent Resolution recognizes June 8 through 12, 2026, as “Community Health Improvement Week” in the State of Delaware and honors the essential role of community health workers in advancing health equity, improving health outcomes, and strengthening communities across the State.

This bill protects small businesses in Delaware by preserving lottery retailers’ role in iLottery. This bill requires iLottery players to purchase prepaid cards at physical stores to enable their online play. In 2012, the General Assembly adopted the Delaware Gaming Competitiveness Act of 2012, HB 333 of the 146th General Assembly, establishing iLottery in Delaware. To support small businesses, the General Assembly included a provision of that law that required online players to purchase prepaid cards in physical retail stores. However, over a decade later, the Delaware Lottery Commissioner launched an iLottery program that does not uphold this protective provision. This bill updates the iLottery program to reflect the original intent of the law. This Act also makes technical changes to conform to the Legislative Drafting Manual.

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.

Section 1 of the Act exempts an individual not engaged in the business of “wholesaling” real estate from needing to be a real estate licensee. The business of wholesaling is when someone enters into an Agreement of Sale as a buyer, then markets the property and assigns that agreement to a different buyer and collects a fee for that assignment. While this process is unobjectionable under certain circumstances, at other times, it is used as a means to charge an excessive assignment fee, which is “equity stripping” of money that should go to the seller. The Act makes clear that marketing properties this way is the brokerage of real estate and must be done by a real estate broker. This is based on similar laws in Pennsylvania. Section 2 of the Act includes the business of wholesaling under the definition of real estate services. It also clarifies that a person engaged in the business of wholesaling must be licensed under Chapter 29 of the Delaware Code. Section 7 of the Act allows 270 days for such persons to become licensed. Section 3 of the Act defines “wholesaling”. Section 4 of the Act increases the amount a member of the public may collect from the Real Estate Guarantee Fund from $25,000 to $50,000 and increases the minimum amount of the Fund from $250,000 to $350,000. It also provides more discretion to the Commissioners, making it easier to award funds to a member of the public. In addition, it provides additional detail for how Commissioners may approve expenditures from the Fund and requires that they shall be provided with financial statements relating to the Fund. Section 5 of the Act adds a section to the Delaware Code for requirements for the business of “wholesaling” and adds protections for the member of the public entering into a wholesaling transaction. This is patterned after a recently enacted law in Pennsylvania. Section 6 of the Act provides that Sections 1, 3, and 4 of the Act, which include changes to certain definitions and revisions to the Real Estate Guaranty Fund, take effect upon the Act’s enactment into law. Section 7 of the Act provides that Section 2 of the Act, which requires a wholesaler to be a real estate licensee, takes effect 270 days after the Act’s enactment into law. Section 8 of the Act provides that Section 5 of the Act, concerning the right to cancel agreements of sale or contracts for wholesale transactions, takes effect 90 days after the Act’s enactment into law. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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 Act provides an exemption from state income tax for the amount of income or compensation received for federally required annual training, drills and field exercises, or inactive duty training by an individual who is a member of the National Guard or a reserve component of the Uniformed Services of the U.S. The bill’s provision applies to taxable years beginning after December 31, 2026.

This Act amends the Delaware Wrongful Conviction Compensation and Services Act (DWCCSA) in several ways. First, in order to make a prima facie showing of entitlement to compensation, under the Act, a petitioner must show that the petitioner did not commit a felony arising from the same transaction as the crime for which the petitioner was originally convicted. Second, the Act modifies what attorneys' fees may be recovered for an action to overturn, reverse, or vacate a conviction and an action under the DWCCSA. Under the Act, a petitioner who prevails on a cause of action against the state for wrongful conviction shall be awarded reasonable attorneys' fees, based on hours reasonably expended at the prevailing market rate for similar legal services in the state at the time of an award for damages for wrongful conviction, regardless of when the legal services were actually provided. Attorneys' fees of $300,000 or less will be paid to the petitioner's attorneys in a lump sum; attorneys' fees in excess of $300,000 will be paid in annual installments of not more than $300,000, until the award is satisfied. Third, under the Act, the Office of Management and Budget takes over tasks and responsibilities that currently belong to the State Treasurer, including the annual adjustment in the amount of damages available under § 7005(a) of Title 10, management of the Wrongful Conviction Compensation Fund will exist with the legal services appropriation within the Office of Management and Budget, and the obligation to report quarterly to the Joint Finance Committee and the Controller General. The Act takes effect upon its enactment into law. This Act is a substitute for and differs from SB 282 in that it omits a provision limiting the attorneys' fees a petitioner may recover to 15% of the damages awarded under § 7005(a) of Title 10.

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.

Maddy summaryThis bill formally designates May 2026 as Mental Health Awareness Month within the state. It is a symbolic measure that does not create new laws, allocate funding, or change existing regulations. The resolution serves to highlight the importance of mental health awareness during that specific month.