Rep. Josue Ortega

Maddy summaryThis bill prohibits the sale of energy drinks on public middle and high school campuses during school hours and at school events. It directly affects schools, students, and vendors by banning these beverages in specific educational settings. The law applies to all public schools within the state during the times students are officially engaged in school activities.

This Act modernizes Delaware’s emergency communications infrastructure by transitioning the State’s legacy Enhanced 911 (E911) system to a Next Generation 911 (NG911) system and updating the funding structure needed to support a statewide emergency communications network. Delaware’s current E911 system is funded through a monthly surcharge of $0.60 per telephone line, which has remained unchanged since 2001. This Act also authorizes periodic adjustments or scheduled increases in the surcharge to account for inflation, technological upgrades, and the growing operational costs associated with maintaining a modern emergency communications system. The transition to NG911 will allow Delaware’s public safety answering points (PSAPs) to support modern communications technologies, including text-to-911, multimedia communications, improved geolocation capabilities, and enhanced data sharing with first responders. These capabilities require significant upgrades to network infrastructure, cybersecurity protections, geographic information systems (GIS), and redundancy to ensure reliability during emergencies. Revenue generated by the updated surcharge structure will be deposited into the 911 System Fund and used for costs associated with planning, deploying, operating, and maintaining the statewide NG911 system. Eligible expenditures include network infrastructure, call handling equipment, software systems, cybersecurity protections, GIS data management, training of emergency communications personnel, and other costs necessary to operate a modern statewide emergency communications system. By establishing a sustainable funding mechanism and enabling the transition to NG911, this Act ensures that Delaware’s emergency communications system can meet current and future public safety needs, improve response times, and provide residents with access to modern emergency communication capabilities. Finally, this Act makes technical changes to existing statutory language to conform with the Delaware Legislative Drafting Manual.

This Concurrent Resolution designates October 5 through November 6, 2026, as “Launch into Your Future Month” to recognize Delaware’s statewide effort to support student postsecondary planning and workforce readiness through coordinated school-based programming and community partnerships.

Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older. This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken. Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353. Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

An increasing number of schools and workplaces are investing in implementing artificial intelligence (AI) technology and extended reality (XR) technology, including virtual reality and augmented reality, to effectively teach children and train employees. In schools, AI and XR technologies help provide immersive and personalized learning experiences that enhance student engagement, proficiency, and mastery in core subjects. Recent studies and surveys show that using AI and XR technologies in schools leads to better student outcomes, including improved academic performance, higher test scores, and increased motivation. And AI technology, like Khanmigo, supports educators by reducing administrative burdens and allowing educators to focus on student needs. This helps prevent burnout and reduce turnover rates. Therefore, investing in implementing these technologies in Delaware public schools will support Delaware’s educational priorities, including increasing literacy, STEM proficiency, and career readiness. This Act establishes a 3-year pilot program, called the Artificial Intelligence and Extended Reality in Schools Pilot Program (Program), to invest in using AI and XR technologies to improve education in Delaware schools. The Program is administered by the Delaware Department of Education (DOE). The DOE shall provide funding and offer technical support for participating schools to procure and safely implement AI and XR products that improve student outcomes and engagement, support educators in meeting student needs, and reduce workloads and administrative burdens on educators. Within 180 days following the date of this Act’s enactment into law, the DOE must do all of the following: 1. Invite up to 12 schools to participate in the program. The schools selected must include 1 elementary school from each of the counties and from the City of Wilmington, 1 middle school from each of the counties and from the City of Wilmington, and 1 high school from each of the counties and from the City of Wilmington. 2. Form a committee to study best practices in other states and countries for using AI and XR technologies in schools and review and recommend AI and XR products that best meet the needs of Delaware students and educators. The products recommended must safeguard data and follow state and federal guidelines for privacy and security. 3. In collaboration with the Department of Technology & Information and the Delaware Department of Justice, finalize contracts to procure the recommended AI and XR products. Additionally, the DOE may consult with technology privacy and safety experts to make sure that the contracts meet privacy and safety requirements. Schools participating in the Program shall provide data that DOE and participating local education agencies consider necessary to help assess the Program’s effectiveness. The data may include certain quantitative, qualitative, and personalized metrics. The DOE shall prepare a final report that includes the data provided by the schools, the DOE’s analysis of the data, the DOE’s recommendations for improving the Program, and the DOE’s recommendation on whether the Program should be expanded or adjusted. The DOE shall submit the final report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services prior to the meeting of the Delaware Legislative Oversight Committee. This Act expires 3 years after the end of the 2026-2027 school year, unless extended by a subsequent action of the General Assembly.

This Act adds the definition of child-serving entity for the purpose of requiring a service letter verification from any child-serving entity where an employee may have worked. “Child-serving entity” is already defined in § 309 of Title 31 and includes DSCYF, residential child-care facilities, public and private schools, youth camps, summer schools, and other entities. If a previous employer fails to respond to a service letter, this Act also requires that the prospective employee report the failure to respond to the DOL.

This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections. 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.

This Act is a substitute for Senate Bill No. 300. Like SB 300, this Act requires firearm dealers to obtain a state license to sell or transfer firearms under Chapter 9B instead of the license to sell deadly weapons under Chapter 9 of Title 24. Like SB 300, this Act does all of the following: -Establishes in statute factors that make a person ineligible to obtain a state license to sell or transfer firearms or to serve as a responsible person for a state license holder (licensee). -Heightens and adds more specific security requirements. -Heightens and centralizes recordkeeping and reporting requirements. -Requires background checks for contractors and volunteers with access to the licensee's firearms or performing certain tasks for a licensee. -Establishes training requirements. -Includes a recurring inspection by the DSP to ensure licensees are in compliance with State law. -Establishes civil penalties and possible license revocation in the event of violations. This Act differs from Senate Bill No. 300 as follows: -Changes the definition of firearm to reference 11 Del. C. § 222. -Removes the license fee ranges that are dependent on the number of firearms sold or transferred and instead sets flat and established license fees at $300 for an initial license and $250 to renew a state license. This Act makes corresponding changes throughout to account for the change in license fee structure. -Removes the licensee requirement to report firearm trace information to the Attorney General and the Attorney General’s publication of an annual report. Instead, firearm trace information will be provided as part of a licensee’s renewal application and will be provided to the General Assembly by the Delaware State Police (DSP). -Background checks are required once every 2 years, instead of annually. Relatedly, the background check obtained by a licensee or responsible person is valid for 2 years for purposes of applying for an initial license or a license renewal under this chapter. -Establishes December 31 of each year as the date that license renewal applications are due. Initial licenses that are granted after January 1 of each year may receive a prorated license fee. This Act makes corresponding changes throughout to account for the date change. -Changes the DSP report about licensee status from an annual report due by December 1 to a biennial report due on March 1. -Adds that the Delaware Department of Justice also has general investigative authority to investigate a breach of Chapter 9B. Under SB 300, only DSP had this authority. -Removes the requirement that a licensee maintain all security system recordings for at least 3 years. DSP shall promulgate regulations that establish how long a licensee shall maintain recordings. -The General Assembly shall expend any money collected in the Firearm Licensing Fund in furtherance of implementing this Act and Chapter 9 of Title 24. -Delays implementation and gradually phases in the requirements in this Act, beginning by July 1, 2028, with DSP notification to people with valid special licenses to sell deadly weapons under Chapter 9 of Title 24 about the changes in law and the potential that a license under this Act may be required. Changes made by this Act to Delaware’s licensing system are in recognition of a growing body of evidence that demonstrates that firearms dealers’ sales practices affect the probability of firearms entering the illegal market, and that policies designed to hold dealers accountable can curtail illegal use of firearms and the concomitant crimes. According to the Johns Hopkins University Center for Gun Violence Solutions, utilizing data from the Centers for Disease Control, firearms are used in 78% of homicides that occur in Delaware. In addition to loss of life, firearm violence has an economic impact, costing Delawareans $1.3 billion per year, which amounts to $1,236 per resident. An article in the Journal of Urban Health found that in-state trafficking was 64 percent lower in places with strong firearm dealer regulations and oversight. A study published in the American Journal of Public Health, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates. The ATF has oversight over firearms dealers, but its efforts are insufficient. Though the ATF aims to inspect firearm dealers at least every three years, at the rate inspections are performed, a dealer can expect inspection only once every 9 years. ATF data reveals that, when they occur, dealer inspections generally yield a large number of violations. In sum, the frequency of violations and the rarity of inspections allow the possibility that dealers are violating law each year without any corrective action by the ATF. According to data compiled by Brady United, there is State-specific evidence to suggest Delaware’s firearm licensing system would benefit from reform to protect the health and safety of our residents. According to 2017 through 2021 ATF data, 6,626 firearms were recovered in Delaware by law enforcement, after either having been used in a crime, found at a crime scene, or where the purchase or possession of the firearm was itself illegal (“crime guns”). Half of these crime guns were recovered by law enforcement within 3 years of retail purchase, which is indicative of potential firearm trafficking. The data also raises concerns about potential straw purchasing in our State, as there was a mismatch in the identity of the firearm purchaser and firearm possessor during a criminal offense in 72% of the traceable cases. Furthermore, 67% of the firearms recovered by law enforcement in this State were sourced from in-State firearm dealers. Delaware is also a significant supplier of crime guns to other states, most significantly Maryland (12.2% of the crime guns recovered come from Delaware dealers) and Pennsylvania (8.9% if the crime guns recovered come from Delaware dealers).

This Act removes authority from the Department of Corrections to deduct pay from inmate accounts for a proportionate share of the costs of incarceration of inmates in the facility in which the inmate is housed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027. The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system. The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized.