Sen. Nicole Poore

This Act adds a clarifying interpretive paragraph to the Delaware Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) to address a recent decision by the Delaware Supreme Court and to make clear that the Consumer Fraud Act’s use of the phrase “in connection with” in § 2513 should be interpreted to include unfair and deceptive acts and practices that occur “before, during, and after” the sale, lease, receipt, or advertisement of any merchandise. The Delaware Supreme Court recently construed the Consumer Fraud Act to be confined to conduct “between businesses and consumers which happen before a transaction or during the transaction itself.” Blue Beach Bungalows DE, LLC v. State, No. 14, 2025, 2025 WL 3768232, at *11 (Del. Dec. 30, 2025). However, in recognition of the broad purpose of the Consumer Fraud Act set forth by the 123rd General Assembly in Section 2512, subsequent amendments to the Consumer Fraud Act to include the “receipt” of merchandise, and the scope of comparable statutes in other states, this bill ensures that the Consumer Fraud Act is interpreted to apply to unfair or deceptive conduct that occurs after a sale, lease, receipt, or advertisement, including, but not limited to, conduct occurring in instances in which a sale, lease, receipt, or advertisement creates an ongoing relationship or a continuing obligation, or where performance has not yet been completed. This aligns the Consumer Fraud Act with Unfair or Deceptive Acts or Practices (“UDAP”) laws with similar language in other states, as well as many other UDAP laws, including the FTC Act, that cover post-transaction conduct. This Act will allow the Delaware Department of Justice to use the Consumer Fraud Act to address the full range of unfair and deceptive acts or practices that consumers report to the Delaware Department of Justice, including, for example, false and threatening landlord communications, unscrupulous debt collection tactics, and failures to honor promises to fix returned merchandise. It will also ensure that businesses throughout the state can compete on a level playing field throughout the duration of their relationships with consumers, without being undercut by unscrupulous competitors who engage in post-transaction misconduct. Additionally, it ensures that the Delaware Department of Justice is not disadvantaged when coordinating with other states to hold entities accountable for unfair or deceptive acts or practices that are nationwide in scope.

This Joint Resolution directs the Department of Education to compile and submit a comprehensive report regarding the workforce data and compensation of education support professionals for the most recent school year. The report must identify staffing levels, vacancies, average wages paid, and the number of employees earning below a $40 hourly wage threshold. The Department is further required to recommend pay scales that align with a minimum living wage and submit its findings to the General Assembly and relevant state offices by November 2, 2026.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's (JLOSC) review of the Council on Correction. In 2021, JLOSC sponsored Senate Bill No. 129 of the 151st General Assembly, which, among other updates to the Council on Correction's statute, tasked the Criminal Justice Council with providing administrative support to the Council on Correction. This partnership was intended to provide the Council on Correction with needed staff support and training opportunities. SB 129 included a 5-year sunset provision to review the efficacy of the partnership. Because the partnership has been successful, this Act removes the sunset provision so that the partnership may continue. Otherwise, the partnership will expire on September 17, 2026.

This Act updates the electric vehicle rebate program administered by the Department of Natural Resources and Environmental Control in light of changes to federal policies and market forces affecting electric vehicle deployment. The bill provides the Department with additional flexibility to set rebate amounts and improve programmatic offerings. The bill also allows enhanced rebates for an eventual program targeting lower income families.

This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program. The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations. Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code.

This Act allows any municipality with a population of 50,000 or more to establish by ordinance rules for the location of liquor stores that are more restrictive than state law, and requires the Alcoholic Beverage Control Commissioner to refuse a license for any new establishment that does not comply with those rules.

This Act provides that each school district and charter school must report three times a year, instead of annually, to the Department of Education, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to mandated literary screening, and the literacy intervention approaches being provided.

This act establishes the Athletic Trainers Compact ("Compact"), which facilitates the interstate practice of athletic training and provides for athletic trainers licensed in a participating state the ability to practice in other participating states. The Compact sets forth the requirements to be met in order for a state to join and maintain membership in the Compact. Additionally, the Compact provides the requirements for an athletic trainer to obtain and exercise the ability to practice in the remote participating states. The Compact further provides that an athletic trainer with compact privilege shall function within the scope of practice of the state in which the patient is located and the remote practicing state. The athletic trainers also shall be subject to that remote state's regulatory authority. Participating states shall report any adverse action and significant investigative information to the Compact Data System. An adverse action against an athletic trainer in any participating state shall result in deactivation of the compact privilege during the pendency of the action. An encumbered license in a member state shall not be entitled to compact privilege until the encumbrance has passed and has exceeded two years since any encumbrance or restriction. Additionally, the Compact creates the Athletic Trainer Licensure Compact Commission ("Commission"), which is a joint government agency to administer and implement the Compact, and provides for its powers and duties. Each participating state shall be entitled to one delegate, who shall be selected within sixty days of the effective date, on the Commission. Additionally, there shall be an Executive Committee of the Commission to act on behalf of the Commission. Furthermore, the Compact shall come into effect on the date in which the seventh state enacts the Compact into law. Any participating state may withdraw from the Compact by repealing the Compact, but such withdrawal shall not take effect until 180 days after the enactment of the repeal. Finally, the Compact shall be binding upon participating states and shall supersede any conflict with state law.

This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree.

This Act increases the size of the Governor’s Council on Agriculture from 7 to 9 members. The Act also requires that 1 member on the Council must be a livestock producer, and 1 member must be a farmer that is 40 years old or younger.