Delaware Bills

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Delaware Senate Bill 49: An Act To Amend Title 20 And Title 21 Of The Delaware Code Relating To Driving Restrictions During A State Of Emergency.

May 22, 2025 Signed by Governor

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Delaware House Bill 27: An Act To Amend Title 11 Of The Delaware Code Relating To The Delaware Anti-Trafficking Action Council.

Apr 17, 2025 Passed Senate

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Delaware House Bill 67: An Act To Amend Title 21 Of The Delaware Code Relating To The Removal Of Motor Vehicles From Private Or Public Property By Private Tow Companies.

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Delaware House Bill 115: An Act To Amend The Delaware Code Relating To The Prohibition Of Discrimination Based On Weight, Height, Or Body Size.

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Melissa Minor-Brown - Bill Sponsor

Delaware Representative Democrat

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Delaware House Bill 61: An Act To Amend Title 16 Of The Delaware Code Relating To Drugs Used In Government-Sanctioned Executions.

Introduced in House on Mar 6, 2025.

Summary: This Act creates civil and criminal liability for a corporation or other business organized under the laws of this State that sells, distributes, or dispenses a drug that is used as part of a government-sanctioned execution. Under this Act, the highest-ranking officer of the organization that sells, distribute, or dispenses a drug that the officer knows or should know will be used in any capacity in a government-sanctioned execution is guilty of a class A felony and is subject to a civil penalty of not more than $50,000. If the organization is a corporation, its corporate charter will also be revoked.

Link to bill info: https://www.billsponsor.com/bills/712840/delaware-house-bill-61-session-153

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Delaware Senate Bill 70: An Act To Amend Title 24 Of The Delaware Code Relating To Genetic Counselors.

Introduced in Senate on Mar 12, 2025.

Summary: This Act allows licensed genetic counselors to order genetic tests.

Link to bill information: https://www.billsponsor.com/bills/720538/delaware-senate-bill-70-session-153

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Delaware Senate Bill 72: An Act To Amend Title 16 Of The Delaware Code Relating To Public Drinking Water Systems.

Introduced in Senate on Mar 13, 2025.

Summary: This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs. There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines. Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water. This Act takes effect 90 days after its enactment into law.

Link to bill information: https://www.billsponsor.com/bills/720550/delaware-senate-bill-72-session-153

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Delaware House Bill 45: An Act To Amend Title 6 Of The Delaware Code Relating To Sales Of Firearms, Firearm Accessories, And Ammunition.

Summary: This Act requires payment card networks to make available to merchant acquirers the merchant category code for firearms and ammunition businesses that was established by the International Organization for Standardization on September 22, 2022 by July 1, 2025, and for merchant acquirers to assign the MCC for firearms and ammunition businesses to firearms merchants beginning October 1, 2025. This Act also authorizes the Department of Justice to bring civil actions against individuals or entities who violate the provisions of this Act, and requires that such violators pay a civil fine of $10,000 for each violation, in addition to attorneys’ fees and costs in investigating and bringing the action. A court may also impose injunctive relief to prevent future violations.

Link to bill information: https://www.billsponsor.com/bills/712836/delaware-house-bill-45-session-153

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Delaware Senate Joint Resolution 1: Directing All Electric Utilities In Delaware That Offer Net Metering To Solar Customers To Continue To Participate In A Cost-Benefit Study And Analysis Of Net Metering, Including Cost Burdens And Cost Shifting, Undertaken By The Delaware Sustainable Energy Utility, And Extending The Reporting Date.

Signed by Governor on Feb 14, 2025.

Summary: Senate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025.

Link to bill information: https://www.billsponsor.com/bills/629250/delaware-senate-joint-resolution-1-session-153

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Delaware Senate Bill 65: An Act To Amend Title 7 Of The Delaware Code Relating To Terminating The Regional Greenhouse Gas Initiative And Co2 Emission Trading Program.

Summary: This Act removes Delaware from the Regional Greenhouse Gas Initiative (“RGGI”) as the state has already exceeded its CO2 reduction goals, cutting emissions by 45%. Despite this progress, Delaware faces high electricity costs and slow economic growth, ranking 46th in GDP growth. RGGI compliance costs are passed on to consumers, making energy more expensive for families and businesses. States outside RGGI have maintained lower energy prices while still reducing emissions. Exiting the program will allow Delaware to pursue policies that support both economic growth and energy affordability.

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Delaware House Bill 56

An Act To Amend Titles 18, 29, And 31 Of The Delaware Code Relating To Coverage For Removal Of Excess Skin And Subcutaneous Tissue.

Summary

Excess skin and subcutaneous tissue can create a risk of rashes or infections, make walking and movement difficult, and make everyday chores difficult. An example of treatment that removes excess skin and subcutaneous tissue is a panniculectomy. A panniculectomy is an operative procedure that contours, or changes the shape and form, of the abdomen by removing significant excess skin and subcutaneous tissue. Removal of excess skin and subcutaneous tissue can improve a patient’s health and quality of life. This Act requires individual health insurance plans delivered under Chapter 33 of Title 18 and group and blanket health insurance plans delivered under Chapter 35 of Title 18 to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. This Act also requires the State employee health insurance plan and State Medicaid plans to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. Medically necessary means as defined in § 3371(8) for individual health insurance plans and as defined in § 3581(8) for group and blanket health insurance plans, State employee health insurance plans, and State Medicaid plans. This Act applies to all policies, contracts, or certicates issued, renewed, modified, alterered, amended, or resissued after December 31, 2026.

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Delaware House Bill 70

An Act To Amend Titles 16 And 25 Of The Delaware Code Relating To Lead-Based Paint.

Summary

This Act requires that all rental units constructed before January 1, 1978, are certified as lead free or lead safe by a specific deadline. Lead inspectors must be approved by the State to conduct inspections and if necessary, lead abatement and remediation. A certificate exemption may be issued for no more than 6 months. If the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Beginning July 1, 2028, every rental until constructed prior to January 1, 1978, shall include a disclosure as to whether the rental unit has been certified as lead safe or lead free. To help eligible landlords obtain lead certification or remediate their units, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants shall be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. This Act also establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. This Act also does the following: (1) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (2) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (3) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. This Act take effect 6 months after notice is given by the Secretary of DHSS that final regulations have been adopted and sufficient funding is available.

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Delaware House Bill 61

An Act To Amend Title 16 Of The Delaware Code Relating To Drugs Used In Government-Sanctioned Executions.

Summary

This Act creates civil and criminal liability for a corporation or other business organized under the laws of this State that sells, distributes, or dispenses a drug that is used as part of a government-sanctioned execution. Under this Act, the highest-ranking officer of the organization that sells, distribute, or dispenses a drug that the officer knows or should know will be used in any capacity in a government-sanctioned execution is guilty of a class A felony and is subject to a civil penalty of not more than $50,000. If the organization is a corporation, its corporate charter will also be revoked.

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Delaware Senate Bill 34

An Act To Amend Title 25 Of The Delaware Code Relating To Tenant's Right To Early Lease Termination.

Summary

This Act allows a tenant to terminate a rental agreement early if they are purchasing a home by providing 30 days' written notice to the landlord. The 30-day period begins on the first day of the month after the day the notice is given. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act updates language for group or cooperative living facility and retirement home to the definition of long-term care facility in §1102 of Title 16. And this Act removes references to subsidized public or private housing from § 5314(b)(3) of Title 25 because it is repeated in § 5314(b)(4) of Title 25.

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Delaware Senate Bill 46

An Act To Amend Title 21 Of The Delaware Code Relating To Autonomous Vehicles.

Summary

This Act prohibits any autonomous vehicle that requires a Class A commercial driver license without an O restriction from being operated on a Delaware highway for testing purposes, transporting goods, or transporting passengers without a human safety operator being physically present within the autonomous vehicle. A two-thirds vote requirement is required under Section 28 of Article IV of the Delaware Constitution.

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Delaware House Bill 16

An Act To Amend Title 29 Of The Delaware Code Relating To The Artificial Intelligence Commission.

Summary

This Act adds a high school student to the AI Commission as a nonvoting member. The Chair of the Commission will appoint a student who is, or will be in the next school year, a tenth, eleventh, or twelfth grade student in a public or private school in Delaware.