This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies. This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes: 1. Land purchased and managed as an historic property. 2. An appropriate habitat for zoo animals. 3. Agriculture. 4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road. 5. Botanical gardens. 6. Ecological research. 7. Flowering annuals within landscape beds. 8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees. This Act also makes the Delaware Native Species Commission permanent.
Sponsored bills
Maddy summaryThis bill requires businesses selling third-party gift cards in Delaware to show customers a warning about potential scams. The law gives sellers the choice to display this notice either at the point of sale or at the gift card display area. By allowing distributors to decide where to place the warning, the bill aims to inform buyers about fraud risks without mandating a specific location for the message.
This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“.
Maddy summaryThis bill clarifies the definition of a "United States military pension" for Delaware state tax purposes, ensuring that income from service in the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, NOAA, Public Health Service, or National Guard is treated correctly. The change specifically affects how taxpayers under age 60 calculate their tax-exempt income limits starting in the 2022 tax year, creating a distinct category for military pensions separate from other employer or state pensions. By explicitly listing the branches of service included, the legislation provides clearer guidance to military retirees and their families on which income qualifies for exclusion from taxable earnings.
Senate Bill 67, from the first session of the 152nd General Assembly, updated the crime of official misconduct. Senate Bill 67 intended to change the penalty for official misconduct from a class A misdemeanor to a graded system, where the penalty is commensurate to the gravity of the misconduct. This Act makes the following modifications to ensure legislative intent is achieved: (1) The original penalty in § 1211 was not stricken by SB 67. Therefore, it remains in Code as an impermissible floating paragraph under paragraph (a)(5) of § 1211. Despite the addition of the new graded penalty system in SB 67, the floating paragraph states that official misconduct is punishable as a class A misdemeanor. This Act deletes the floating paragraph so that § 1211 is correctly interpreted as imposing a graded penalty system. (2) Paragraph (b)(3) of § 1211 adds “but less than $50,000.” to the end of the description of what constitutes a class F felony. Otherwise, there would be overlap between what dollar amount of harm caused or value received constitutes a class F felony, a class D felony, and a class B felony. (3) Restructures subsection (b) by adding introductory language to clarify when enhanced sentences apply. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Maddy summaryThis bill creates a new permanent state commission dedicated to Asian and Pacific Islander heritage and culture in Delaware. The nine-member group will be appointed by the Governor, the Speaker of the House, and the Senate President Pro Tempore, with members required to be citizens of Asian or Pacific Islander descent who live, work, or own businesses in the state. The commission will operate without pay and will focus on promoting cultural awareness, strengthening community ties, and advising state officials on policies that benefit Asian and Pacific Islander residents. It will be organized under the Secretary of State and may form subcommittees to collaborate with other local organizations.
This Act creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, wrongful incarceration in a psychiatric institution, parole, probation, and sex offender registration in the State for crimes that they did not commit. An individual claiming wrongful conviction or, if deceased, that individual's heirs, may bring a petition for compensation in Delaware Superior Court. A petitioner who makes the required showing is entitled to damages based on the type and period of wrongful incarceration, probation, parole, or registration, and other amounts, such as reasonable attorney fees in obtaining relief, subject to requirements of proof. However, a petitioner is not entitled to such compensation if the Department of Justice establishes that the petitioner was an accomplice in the commission of the crime or that the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury or fabricating evidence at trial in order to prevent the conviction of the true perpetrator. In addition, an individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction is entitled to emergency assistance and services. Senate Substitute 3 for SB 169 differs from SS 2 for SB 169 in that it provides that a petitioner who served time in a psychiatric institution is eligible to apply for relief. Senate Substitute 3 for SB 169 also provides that in all cases, in order to be compensated, a petitioner must establish by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the conviction or that there was no crime committed. This provision differs from Senate Substitute 2, which required this showing only for a petitioner who entered a Robinson plea or entered a plea of no contest. In addition, Senate Substitute 3 for SB 169 provides that persons who were pardoned are not eligible for post-release services under the Act. Finally, Senate Substitute 3 for SB 169 provides that any award under the Act must be offset by any amounts the petitioner has recovered in a civil action or settlement of a civil action for wrongful conviction or imprisonment. If, after receiving an award under the Act, a petitioner subsequently recovers in such a civil action or settlement, the petitioner must reimburse the State to the extent of the amounts awarded in the civil action or settlement of the civil action.
This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.
Pharmacists in Delaware provide some of the same medical services as physicians, advance practice registered nurses, and physician assistants, including immunizations. The General Assembly has recently added to the services that pharmacists may provide, including prescribing birth control, testing and treating for a variety of conditions, and prescribing pre-exposure and post-exposure HIV prophylaxis. However, health insurance plans do not currently recognize pharmacists as a provider type that may seek reimbursement for these services, despite already providing coverage for the same services if they were obtained from other providers. This could lead to many pharmacists not providing such expanded services due to the lack of insurance coverage. This Act requires health insurance providers to provide the same reimbursement to pharmacists that is already provided other providers performing the same services at the same rates as advance practice registered nurses and physician assistants. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
In 2023, the General Assembly passed House Bill 80, which required the coverage of doula services under the State’s Medicaid plan beginning in 2024. This Act would require similar coverage under private health insurance plans.