This Act allows a lienholder that has a lien under § 3901 of Title 25, often called a garagekeeper’s lien, to recover reasonable attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien. If the lienholder is not paid within 30 days after the lien is created, the lienholder may apply to a Justice of the Peace Court to sell the property. Under § 3903 and § 3905 of Title 25, the lienholder may recover the costs of the sale and the lien amount. Applying for authorization to sell property to satisfy a garagekeeper’s lien is a detailed process and many lienholders need to hire an attorney to help. But a court will not grant attorney’s fees without express statutory authority. This Act amends § 3903 and § 3905 to expressly allow a lienholder to recover attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien. This Act also allows excess proceeds from a garagekeeper’s lien sale to be used to satisfy other outstanding judgments against the owner of the property sold. Currently, under § 3905 of Title 25, sale proceeds are first used to pay the garagekeeper’s lien and costs related to the lien sale. Any extra proceeds are deposited with the Court and used to pay other liens on or security interests in the property sold. If there are still proceeds remaining, the Court must give the excess proceeds to the property owner or, if the property owner cannot be found, to the State Treasurer who holds the proceeds for the property owner to claim within 1 year. If the property owner does not claim the excess proceeds within 1 year, the excess proceeds are placed in the General Fund. Generally, money held in custody of the law may not be attached to satisfy an outstanding judgment. But in several cases, including Lowe v. Hulliger, 86 A.2d 749 (Del. Super. Ct. 1952), Delaware Courts have recognized an exception to this rule. Money left over that is due to a defendant or debtor after all legal obligations are paid may be attached to satisfy another judgment against the defendant or debtor. This Act codifies the exception for garagekeeper’s lien sale proceeds by allowing the Court to pay judgment creditors who apply within 30 days of the sale to attach any excess sale proceeds remaining after all other costs, liens, and security interests have been paid and before the excess sale proceeds are paid to the property owner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees will take effect on August 1, 2026, however changes to the partnership, limited partnership, and limited liability company annual tax and changes to the annual tax on registered series of limited partnerships and limited liability companies will take effect on January 1, 2026. This Act requires a greater than majority vote for passage because § 10 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 increase the effective rate of a tax levied by the State.
According to the Arts Education Partnership, 27 states currently include arts course credits as a requirement for high school graduation, and several states have implemented diploma seals or similar recognition programs to incentivize participation. This Act directs the Department of Education to establish the Delaware Certificate of Arts Excellence to recognize high school students who demonstrate sustained engagement and achievement in the arts. Establishing a similar program in Delaware could help increase arts enrollment, elevate the value of arts education, and support students interested in pursuing creative professions.
Maddy summaryHCR 134 is a resolution that officially designates the last Monday of May as Memorial Day. This measure directly affects state government records and public observances by establishing a formal date for honoring military personnel who died in service. The bill was passed by both the House and Senate without requiring a formal vote count. Once enacted, it serves as a commemorative recognition rather than changing laws or regulations.
This Senate Concurrent Resolution designates May 10-16, 2026, as "Charter Schools Week" in the State of Delaware and commends Delaware's public charter schools for their efforts in educating Delaware students.
Maddy summaryHB 219 designates "Diwali Day" as an annual ceremonial observance in Delaware, to be commemorated appropriately each year. This bill formally recognizes Diwali, the Hindu festival of lights, as a day of cultural significance within the state's official calendar. It does not create new laws, alter regulations, or affect specific groups or programs - it solely adds a symbolic day to Delaware's recognized observances.
Maddy summaryThis bill designates May 2026 as Lyme Disease Awareness Month in the State of Delaware. It directly affects state agencies and officials by establishing an official timeframe to highlight information about the disease. The primary mechanism is a formal declaration that encourages public awareness without mandating specific actions or funding. This measure serves as a commemorative resolution rather than a law that changes operational procedures or imposes new requirements.
This Act strengthens essential protections for victims of human trafficking by removing practical barriers that prevent victims from getting convictions or juvenile delinquency adjudications obtained as a result of being a victim of human trafficking vacated and the related criminal or juvenile records expunged. This Act amends § 787 of Title 11 in the following ways: (1) Requires a showing that the offense to be vacated was committed “as a result”, instead of “as a direct result”, of the victims having been trafficked, which recognizes that victims of human trafficking may engage in a range of criminal behaviors related to their exploitation. (2) Provides that a motion to vacate and any hearing or proceeding related to the motion to vacate must remain confidential, unless the court determines good cause exists to open the proceeding, so a victim of human trafficking may seek relief without fear of revictimization. (3) Eliminates the requirement of a mandatory hearing on a motion to vacate unless the Attorney General files a timely objection to the motion. This will allow victims to obtain relief on uncontested motions without needing to relive their trauma through questioning at a formal hearing. (4) Clarifies that the standard of proof for determining eligibility for vacating an adjudication or conviction under § 787(j) is by a preponderance of evidence. (5) Allows a victim to vacate a conviction or adjudication of delinquency under § 787(j) and expunge the records of that conviction or adjudication. Additionally, this Act allows the court to order immediate expungement sua sponte or on request and allows expungements to be ordered by the court deciding the motion to vacate. (6) Establishes guidelines for the Attorney General to request an extension of time, if needed, to respond to a motion to vacate. This Act also aligns the standards for a defense to a charge of prostitution or loitering from “as a direct result” to “as a result” of human trafficking. This matches the change made to the vacatur provisions and keeps the standards in § 787 consistent. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is a substitute for Senate Bill No. 67. It differs from the original bill by changing the period of time that a criminal history report obtained by the Background Check Center is valid for 1 year, instead of 3 years. The 1-year period of time is now applicable to both applicants of long-term care facilities as well as home-care agencies. This Act also removes the requirement that a current employee of a long-term care facility or home-care agency would need to get another criminal background check if they seek a promotion with their current employer. Because this Act codifies the time frame in which a criminal background check is required, this Act removes the administrative discretion previously provided to the Department of Health and Social Services to determine the frequency in which fingerprints must be obtained.
This Concurrent Resolution commends the 2026 Delaware Educational Support Professional of the Year, Donna Ward, and all of the District/Charter Network Educational Support Professionals of the Year.