Rep. Josue Ortega

This Act is a substitute for Senate Bill No. 319 and makes all of the following changes: 1. Changes the definition of “hormone replacement therapy” to clarify that hormone replacement therapy must be approved by the United States Food and Drug and Administration. 2. Removes pellet medication from the definition of “hormone replacement therapy” because it is not currently approved by the United States Food and Drug and Administration for treating menopause or perimenopause. 3. Makes technical corrections. Like Senate Bill No. 319, this substitute requires individual health insurance plans, group and blanket health insurance plans, the state employee health plan, and state Medicaid insurance to cover medically necessary diagnostic services and treatment for menopause, perimenopause, and symptoms of menopause or perimenopause, including all of the following: 1. Consultation and diagnostic testing. 2. Hormonal therapies, including hormone replacement therapy and bioidentical hormone treatments, that are approved by the United States Food and Drug Administration. 3. Non-hormonal treatments, including selective serotonin reuptake inhibitors, serotonin-norepinephrine reuptake inhibitors, neurokinin B antagonists, and other medications to manage menopause symptoms. 4. All drugs, devices, and combination products approved by the United States Food and Drug Administration for the treatment of menopause and perimenopause symptoms. 5. Therapy to treat menopause induced by a hysterectomy. 6. Behavioral health care services. 7. Pelvic floor physical therapy. 8. Bone health treatments due to hormonal changes related to menopause and perimenopause, including screenings and medications. 9. Preventative services for early detection and treatment of health conditions related to menopause and perimenopause, including osteoporosis and cancer. 10. Counseling and education regarding menopause management. Additionally, an insurer or carrier must provide clear and accessible information about covered diagnostic services and treatment for menopause, perimenopause, and menopause and perimenopause symptoms to each covered individual or Medicaid recipient. Menopause and perimenopause diagnostic and treatment benefits or assistance must be provided to the same extent as benefits or assistance for other medical conditions, but coverage for medically necessary hormone replacement therapy provided under this Act may not be any of the following, except as otherwise provided by federal Medicaid law: 1. Denied or limited, if the use of the hormone replacement therapy is supported by national clinical guidelines, national standards of care, or peer-reviewed medical literature for the treatment of menopause, perimenopause, or menopause and perimenopause symptoms. 2. Subject to prior authorization or step therapy requirements. The Act provides a religious exemption for group and blanket health policies. If the coverage requirement conflicts with a religious employer’s bona fide religious beliefs or practices, the religious employer may request a coverage exclusion for the coverage required under Section 2 of this Act and an insurer shall grant the exclusion. A religious employer who is granted an exclusion must give its employees reasonable and timely notice of the exclusion. This Act applies to all policies, contracts, or certificates that are issued, renewed, modified, altered, amended, or reissued after December 31, 2027.

This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.

This Act directs the Division of Consumer Protection to establish a Home Improvement Dispute Resolution process through which a person who purchases home improvement services or materials from a contractor can initiate a dispute resolution process with the assistance of the Division. To be eligible for the dispute resolution process, the buyer must first send the contractor a written request to resolve the dispute and allow the contractor 20 days to respond. If the dispute is not resolved or the contractor fails to respond, the buyer may submit an application to the Division for assistance. Upon receiving notice from the Division that the buyer has initiated the dispute resolution process, a contractor must participate in good faith in the process. If the contractor fails to respond to the notice or fails to participate in good faith, it is deemed a violation of the Consumer Fraud Act and a notice will also be sent to the Department of Labor. A contractor who fails to participate in good faith in the dispute resolution process may also have their certificate of registration denied, suspended, or revoked. This Act also establishes that a buyer who initiates a civil action for damages incurred as a result of a violation of the Consumer Fraud Act related to a home improvement contract may be awarded actual damages, court costs, and reasonable attorneys fees. A buyer who initiates a civil action may also obtain up to treble damages if the buyer completed the steps to be eligible for the dispute resolution process, if the buyer made an offer of settlement at least 10 days prior to filing the civil suit and the contractor rejected the offer, if the offer was for less than the buyer is ultimately awarded by the court, and if the court holds that the contractor’s violation was wilful. This Act takes effect immediately and is to be implemented 6 months from the date of enactment.

Maddy summaryHB 150 prohibits civil arrests from occurring inside Delaware courthouses without a judicial warrant. This directly affects courthouse staff, law enforcement, and individuals entering courthouses, as it requires a court-issued warrant for any civil arrest (like those for unpaid debts or civil contempt) within courthouse grounds. The key provision amends Delaware law to mandate this warrant requirement, replacing the previous practice that allowed such arrests without court oversight in these locations.

This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent. The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework: 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative. The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required. The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law. This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law.

This resolution requires the Department of Health & Social Services to evaluate the feasibility of using independent assessment tools and assessors for the determination of support needs for individuals eligible for Home and Community-Based Services in the State. The Department shall present a report to the Delaware General Assembly, by March 1, 2027, on its findings.

This Act removes the requirement that certain reports to the State Aid to Municipalities for Streets Program be notarized and printed and permits reports to be submitted by electronic submission with a unique identifier. This Act also requires that the annual report that is submitted to the State Treasurer also be submitted to the Department of Transporation.

This Act requires retail food establishments in the State with at least 20 locations in Delaware, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted or energy drinks that contain high caffeine. The caffeine symbol must be in the same font size as prices listed on the menu and there must be an explanation of the symbol.  This information must also be provided on a third-party platform that displays menu information.  This Act exempts alcoholic beverages. The Department of Health will notify the applicable retail food establishments of any violations and promulgate rules for investigation and enforcement of this chapter.

In December 2025, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 153rd General Assembly in 2025 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects an error in § 1354(b)(4) of Title 4 from House Bill No. 110 of the 153rd General Assembly by deleting an extraneous “and” to make it clear that the specified limitations regarding marijuana establishment license applicant eligibility apply to any of among the directors, officers, board members, or such other person who holds an ownership interest of 10% or more in a licensed marijuana establishment or a business entity that is an applicant for a marijuana establishment Section 2. This section corrects an error in § 811(a)(3) of Title 11 from Senate Substitute No. 1 for Senate Bill No. 356 of the 126th General Assembly in misidentifying a paragraph reference from the Criminal Code of 1953 as a subsection reference. Section 3. This section corrects an error in § 917(a)(1) of Title 11 from House Bill No. 284 of the 142nd General Assembly by updating an internal reference to a defined term in 25 Del. C. § 7003(13) and by making a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Section 4. This section corrects an error in § 1301(d)(1) of Title 11 from Senate Bill No. 48 of the 153rd General Assembly by making clear that neither paragraph (a)(3)b.1. nor (a)(3)b.1. of that statute are violated if a parent of a student with and individualized education program is addressing a health or safety concern involving their student. Section 5. This section corrects an error in § 4201(c) of Title 11 from Senate Bill No. 285 of the 139th General Assembly by correcting the impression that rape crimes, as defined by present statutes, are not violent felonies. Section 6. This section corrects an error in § 9423(3)b. of Title 11 from Senate Substitute 1 for Senate Bill No. 17 of the 153rd General Assembly by inserting the missing words “have a right” in order to match context in introductory paragraph (3) of that statute. Section 7. This section corrects an error in § 1703(d)(3) of Title 14 from House Bill No. 1 from the 146th General Assembly by inserting a missing introductory paragraph for paragraph (d)(3)b. Section 8. This section corrects errors in § 3480(a)(7) and (g) of Title 14 from House Bill No.160 of the 153rd General Assembly by correcting syntax and punctuation in (a)(7) and revising grammar in (g) to prevent use of a double negative. Section 9. This section corrects a grammar error in the introductory paragraph of § 3124 of Title 16 from Senate Bill No. 273 of the 136th General Assembly. Section 10. This section inserts use of the Oxford comma in § 4908B of Title 16 as missing in Senate Bill No. 129 of the 153rd General Assembly. Section 11. This section adds § 5196B(d) of Title 16 which was inserted by House Bill No. 225 of the 153rd General Assembly without appropriate underlining. Section 12. This section corrects a style error in § 402(3) of Title 18 from Senate Bill No. 462 from the 138th General Assembly by deleting “(1)” following “§ 5901” as directed by the Delaware Legislative Drafting Manual. Section 13. This section corrects errors in § 3371 of Title 18 from House Bill No. 381 of the 148th General Assembly by making clear that the defined terms apply to the entire subchapter and by making stylistic changes as directed by the Delaware Legislative Drafting Manual. Section 14. This section corrects errors in § 3401 of Title 18 from Senate Bill No. 160 of the 135th General Assembly by inserting an introductory paragraph to this defined terms statute, and inserting Oxford commas, as directed by the Delaware Legislative Drafting Manual. Section 15. This section corrects a copy and paste error in § 3565A(b) of Title 18 from Senate Bill No. 207 of the 147th General Assembly by properly substituting “group and blanket” for “individual” and by making stylistic changes as directed by the Delaware Legislative Drafting Manual. Section 16. This section corrects errors in § 5901 of Title 18 from Senate Bill No. 46 of the 146th General Assembly and Senate Bill 154 of the 147th General Assembly by placing the defined terms in alphabetical order, redesignating them accordingly, standardizing language, and inserting Oxford commas as directed by the Delaware Legislative Drafting Manual. Section 17. This section adjusts internal references in § 5920(a) of Title 18 based upon corrections in Section 15 of this Act, which placed the defined terms in § 5901 of Title 18 in alphabetical order and redesignated them accordingly. Section 18. This section corrects an outdated reference in § 3116(a)(1) of Title 20, from House Bill No. 263 from the 139th General Assembly by substituting “Secretary of the Department of Safety and Homeland Security” for “Secretary of Public Safety.” Section 19. This section corrects an error in § 3102(d)(1) of Title 21 from Senate Bill No. 325 of the 140th General Assembly by updating a U.S. Code citation to the registration provisions in § 3 of the federal Military Selective Services Act. Section 20. This section makes grammar corrections, as directed by the Delaware Legislative Drafting Manual, to § 1799H(1), (2), (4), (7), and (8) of Title 24 as originally enacted by Senate Bill No. 259 of the 145th General Assembly. Section 21. This section corrects an error in § 2817(6)b. of Title 24 from House Bill No. 81 of the 153rd General Assembly by inserting the missing words “registrant status” following “the applicant’s IntPE” in the penultimate sentence. Section 22. This section corrects errors in § 7013(g)(1) of Title 25 from Senate Substitute 2 for Senate Bill No. 56 of the 153rd General Assembly by inserting language, regarding transactions to terminate the right to transfer manufactured home leases, which had been added in the bill without appropriate underlining of new insertions. Section 23. This section deletes stray language in § 8814(g) of Title 29 to correct an error which was created when House Substitute 1 for House Bill No. 1 of the 153rd General Assembly amended the subsection without taking into account prior amendments to the subsection by both House Bill No. 437 of the 152nd General Assembly and Senate Bill No. 169 of the 153rd General Assembly. Section 24. This section corrects a punctuation error in the Charter of the Town of Dewey Beach from Senate Bill No. 121 of the 153rd General Assembly. Section 25. This section corrects an insertion underlining error in the Charter of the City of Harrington from Senate Bill No. 183 of the 153rd General Assembly. Section 26. This section corrects strike-through and underline errors in the Charter of the Town of Houston from Senate Bill No. 171 of the 153rd General Assembly. Section 27. This section corrects an insertion underlining error in the Charter of the City of Milford from House Bill No. 146 of the 153rd General Assembly. Section 28. This section corrects an insertion underlining error in the Charter of the Town of Millsboro from House Bill No. 25 of the 153rd General Assembly.

This Act prohibits state agencies, counties, and municipalities from entering into nondisclosure agreements that would restrict the public from accessing information about potential or actual large-scale data center development in this State. Large-scale data centers, defined in this Act as data centers that use or are capable of using 100 megawatts of power or more, can pose significant challenges for the communities in which they are located. When nondisclosure agreements are used to shield information about proposed or planned data centers from the public, it deprives those communities of the opportunity to understand and respond to issues that directly affect them.