This Act clarifies portions of Chapter 84 of Title 21 of the Delaware Code pertaining to new recreational vehicle, vessel, or new recreational trailer manufacturer-dealer agreements. The Act includes the following provisions: Definitions. The Act amends § 8401 of Title 21 and clarifies the definitions of "new recreational trailer" and "new recreational vehicle" and adds definitions of "all-terrain vehicle," "off-highway vehicle," "side-by-side vehicle," and "vessel." Written agreements. Manufacturers are required to specify in writing to their new recreational vehicle dealers licensed in the state the dealers' obligations for pre-delivery preparation, manufacturer-sponsored maintenance programs, manufacturer extended warranty, certified pre-owned warranty, manufacturer-issued service contracts, parts exchange programs, recall, and warranted service on the dealers' products. In addition, manufacturers must compensate their new recreational vehicle dealers for these services and provide the dealers with a schedule of compensation and the time allowances for the performance of the work and services. Termination, cancellation, nonrenewal, or alteration of a dealership. In the event a new recreational vehicle dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for good cause, and the manufacturer fails to cure the deficiencies, at the new recreational vehicle dealer's election and within 45 days of the termination, cancellation, or nonrenewal, the manufacturer must, in addition to its existing obligations, compensate the dealer for any transporting, handling, packing, storing, and loading of any returned parts, tools, and equipment. Warranty obligations. With respect to parts reimbursement, reasonable compensation to a new recreational vehicle dealer may not be less than the rate charged by the dealer for like services to nonwarranty customers for nonwarranty parts, service, or actual wholesale cost, plus a minimum 40% handling and the cost of any freight to return the warranty parts to the warrantor. A new recreational vehicle dealer must notify the warrantor within 180 days if it is unable to perform any warranty repairs. In addition, a schedule of compensation for warranty services must include reasonable compensation for diagnostic work, parts, repair service, and labor. Time allowances for the diagnosis and performance of warranty work and services must be reasonable and adequate. With respect to manufacturer-sponsored maintenance programs, manufacturer extended warranty, certified pre-owned warranty, manufacturer-issued service contracts, parts exchange programs, recall and warranty parts, and labor reimbursement, reasonable compensation may not be less than the rate charged by the dealer for like service to non-warranty customers for nonwarranty parts, services, and repairs. If a manufacturer furnishes a part of a component to a dealer at no or a reduced cost, the manufacturer must compensate the dealer in the same manner as warranty parts compensation, less the dealer cost for the part or component as listed in the manufacturer's price schedule. Association standing. An association that has at least 4 recreational vehicle dealers as members, substantially all of whom are new recreational vehicle dealers within the State, and that represents the collective interests of its members, has standing to file a petition or civil action against a manufacturer regulated under this chapter for itself or on behalf of any or all of its members. Such an association also has standing to intervene in an action against a manufacturer regulated under this chapter previously filed by an individual member or members of the association to enforce the provisions of this chapter. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsored bills
House Substitute No. 1 for House Bill No. 407, like the original, does all of the following: clarifies the ability of the Department of Natural Resources and Environmental Control (DNREC) to respond to emergent situations, expands the jurisdiction from which DNREC may file to recover costs, and makes certain changes to amounts deposited into the Hazardous Substance Cleanup Act Fund. Section 1 provides definitions for “Abate,” “Emergency,” and “Removal Action.” Section 2 clarifies the ability of the Secretary or their authorized employees or agents to determine if an emergency exists and take immediate action to abate the emergency without obtaining public comment. Section 3 allows the Department to authorize removal actions to address releases without first obtaining public comment, and to incorporate the removal action into any proposed plan of remedial action by DNREC. Section 4 expands the jurisdiction of the courts which DNREC may bring enforcement actions and recover costs. Section 5 increases the civil penalty for each fraudulent act from up to $10,000 to $40,000. Section 6 extends the end date from January 1, 2029, to January 1, 2037, for monies to be deposited into the Hazardous Substance Cleanup Act Fund (the “Fund.”) Section 7 provides the effective date of this legislation. This Substitute differs from the original House Bill No. 407 in that it removes references to the realty transfer tax.
This substitute bill allows target practicing with a BB gun, projectile weapon, or firearm by a 16 or 17 year old without direct supervision of a person age 21 or above provided the 16 or 17 year old has permission of a parent or guardian and the 16 or 17 year old has completed a hunter education course. Additionally, a 16 or 17 year old is allowed to hunt without direct supervision if they are in possession of a valid Delaware hunting license.
This Substitute for House Bill No. 383 specifies by position title which Department of Transportation employees must be paid overtime after working 37.5 hours in a week beginning July 1, 2026.
This Act simplifies the licensing requirements for youth camps that are accredited by the American Camp Association (ACA) by requiring that the Department of Education's Office of Child Care Licensing (OCCL) deem a youth camp as meeting all equivalent health and safety requirements necessary for a youth camp license if the youth camp has ACA accreditation through August 30 of the current calendar year. By streamlining the OCCL licensing requirements for youth camps, this Act also increases the availability of summer child care that is eligible for provider reimbursement from the Purchase of Care (POC) program. Under existing OCCL regulations, a youth camp has the option of applying for either license exempt status or a license. To obtain a license, a youth camp must meet very detailed and specific requirements that are challenging, if not impossible, for many youth camps. ACA accreditation requires that a camp satisfies health and safety requirements that are similar and equivalent, but not identical, to the OCCL license requirements. However, an ACA accredited but license-exempt youth camp is unable to receive POC provider reimbursement because under the state plan for the federal Child Care and Development Fund, license exempt child care providers are not eligible for provider reimbursement. This Act also codifies the following policies that are in the current OCCL child care licensing regulations: • A youth camp license and the definition of “youth camp”. • The requirement that a youth camp must have a valid Division of Public Health permit to be licensed or approved as license exempt. • The school-age care, programs, and activities that are exempt from child care license requirements. This Act is effective immediately and § 3003A(c)(4)b. of Title 14 must be implemented no later than December 31, 2026. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Like Senate Bill No. 278, Senate Substitute No. 1 for SB 278 requires that the Department of Health and Social Services (DHSS) regulations for Purchase of Care (POC), this State's child care assistance program, provide authorization for a child care provider that a child will attend during the summer at any time after January 1 because current regulations do not provide authorization for summer care early enough for families to enroll children in summer camps before camps are full. SS 1 for SB 278 differs from SB 278 as follows: • Does not codify the POC eligibility for children in the custody of the Department of Services for Children, Youth and their Families. • Revises the requirement that a summer child care provider must be authorized after January 1 so it clearly applies to all children receiving POC assistance. • Clarifies that an authorization for a summer child care provider must be provided in addition to all provider authorizations for the child’s care during the school year. Like SB 278, SS 1 for SB 278 does all of the following: • Adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31. • Codifies the current policy that parent copayments are determined based on household size and income. • Requires that parent copayments also be based on whether the child receives assistance for a full or half day of child care. • Provides that the authorization for a summer child care provider provided in advance of attendance may be for purposes of enrollment only and is subject to meeting eligibility requirements at the time the child attends. • Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective immediately because under § 10113 of Title 29, amendments that make existing regulations consistent with changes in basic law are exempt from the procedural requirements under the Administrative Procedures Act.
Of the 41 states with a state income tax, 27 states fully exempt military retirement pay from state income taxes and 12 states partially exempt military retirement pay. In 2022, Delaware increased the pension exclusion for military pensioners under 60 to $12,500, and in 2024, Delaware expanded the definition of a United States military pension to include a pension received for an individual’s service in the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the Public Health Service and clarified that the armed forces of the United States includes the Space Force and Coast Guard. This Act phases in, over 3 years, an increased exemption for military pensions from state income taxation, regardless of age, which is currently $12,500, so that in taxable years beginning on or after January 1, 2029, the exemption will be $25,000 for all military pensioners.
This Act amends Chapter 1 of Title 15 and adds a Part VII and Chapter 81 to Title 15 of the Delaware Code to establish a “Delaware John Lewis Voting Rights Act,” (“the Act”). Section 1 of the Act amends Chapter 1 of Title 15 to provide definitions necessary for implementation of the Act. Chapter 1 is also amended to ensure that the purpose of Title 15 includes a stated public policy of equal opportunity to participate in the political process. Section 2 adds a “democracy canon” which instructs those charged with interpreting statutes, rules and regulations and local laws or ordinances related to the elective franchise to construe the election laws in favor of protecting and making accessible the right to vote. Section 3 of the Act adds a Part VII and Chapter 81 to Title 15 of the Delaware code to establish a “Delaware Voting Rights Act,” (“the Act”). Subchapter I of Part VII lists the mechanisms to challenge voting discrimination, specifying that election policy and practices approved by the General Assembly can be invalidated if they violate the Delaware Constitution, and stating that election laws or practices of a political subdivision or of officials with authority over elections acting within their discretionary authority may be invalidated if they cause prohibited voter suppression or dilution. Prohibited voter suppression prevents election policies or practices that result in, are likely to result in, or are motivated in whole or in part by the intent to result in: 1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or 2) based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process. A violation must be attributable to an action of the Department of Elections or a political subdivision. Voter suppression is not present where (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest; and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate. Voter suppression claims do not require evidence of intentional discrimination. Prohibited vote dilution prevents methods of election that have the effect, will likely have the effect, or are motivated in part by the intent of diluting the vote of protected class members. A violation is established when elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or based on the totality of the circumstances, the equal opportunity, or ability of protected class members to nominate or elect candidates of their choice is impaired. To establish the violation, it must be shown that another method of election or changes to the existing method of election could constitutionally be adopted or ordered and would likely mitigate the impairment. Subchapter I also includes guidelines regarding voter suppression and voter dilution determinations under the Act. It outlines that legal standing will be conferred broadly under the Act, and individuals, organizations, or the Attorney General can bring actions to enforce the prohibitions in a court of competent jurisdiction. Plaintiffs are required in most circumstances to give defendants pre-suit notice under the Act, and defendants may prevent litigation by working with the potential plaintiff to implement a remedy to the alleged violation. Subchapter I also establishes a standard for evaluating a claim where a party seeks preliminary relief. The Subchapter also includes remedies that a court of competent jurisdictionis authorized to provide upon a finding of illegal voter suppression or dilution and allows attorneys’ fees for prevailing plaintiff parties in judicial actions and recovery of costs for those who submit a pre-suit notice letter when jurisdictions voluntarily enact changes after receiving said notice letter up to a $ 60,000 cap, adjusted for inflation. When an entity plans to voluntarily adopt a new election policy or practice after the filing of a lawsuit, the entity shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal. After the adoption of any remedy, the entity must hold at least one public education event during which they explain all changes to elections resulting from the remedy. Subchapter II of the Act requires the Department of Elections (“DOE”) to designate 1 or more languages, other than English, for which assistance will be available in elections for local offices if DOE finds that a significant and substantial need exists for such assistance. A finding of significant and substantial need is mandated when more than 2%, but in no instances fewer than 100, of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals or more than 1,000 of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals. DOE shall distribute to affected jurisdictions and publish annually on its website a list of each local office in which language assistance shall be provided and the languages that assistance will be provided in. The Subchapter requires affected local offices to provide this assistance and outlines the materials that are subject to language assistance. The Subchapter also requires DOE to establish a process, which shall include public comment, whereby electors and impacted organizations may petition DOE to decide that there is significant and substantial need for language assistance in a local office that DOE has not previously determined to have such significant and substantial need. The Subchapter also makes clear that limited English proficient individuals may receive assistance from a person of the voter’s choice when voting equivalent to the allowance given to voters with blindness, disability, or illiteracy. The Subchapter also indicates that individuals, organizations, or the Attorney General may bring an action in a court of competent jurisdiction to enforce the Subchapter, and that attorneys’ fees shall be made available to prevailing plaintiff parties. Subchapter III of the Act prevents intimidation, deception, or obstruction of the right to vote. Under the Subchapter, a person, whether acting under color of state law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector’s right to vote and provides guidance regarding activity that would be considered intimidation, deception, or obstruction of the right to vote. Individuals, organizations, or the Attorney General may bring an action to enforce the prohibitions in a court of competent jurisdiction, and upon finding a violation, the court shall implement appropriate remedies that are tailored to remedy the violation. Damages available to a prevailing plaintiff party upon a finding of a violation include nominal damages for any violation and compensatory or punitive damages for any intentional violation. Attorney’s fees shall also be available for prevailing plaintiff parties. Section 4 of the bill declares that the Act is severable.
In 2025, the General Assembly passed House Bill No. 242 (now found at Chapter 135, Volume 85 of the Laws of Delaware), allowing school districts located entirely in New Castle County to use different tax rates for residential and non-residential properties. This Act amends the Delaware Code to continue the authority for non-vocational technical school districts in New Castle County to utilize a residential and non-residential tax rate for school tax purposes. Such a split rate may be established or adjusted in the year after a general reassessment or as part of a referendum. The rate must be uniform for each class of property. Under this Act, the non-residential rate must be at least equal to the residential rate and may be no more than 1.85 times the residential rate. For purposes of the split tax rate, a school district must follow the classifications of the county in which the district is located. Under the transition provisions of this Act, a district that initially established split tax rates under the authority of House Bill No. 242, may continue to use those split rates at the same or a lower ratio between residential and non-residential tax rates established in the 2025-2026 tax year. But if a district’s non-residential tax rate for the 2025-2026 tax year was more than 1.85 times the residential tax rate, it must adjust its rates to meet the 1.85 maximum ratio permitted under this Act. The New Castle County Vocational Technical District may not continue the use of different tax rates past the 2025-2026 tax year. The Act also changes the amount a school district must add to its tax rate to account for delinquencies and late payments to “up to 10%” rather than requiring that a school district must add exactly 10% to its tax rate for this purpose. This Act also makes technical corrections to conform this chapter of the Delaware Code to the Delaware Legislative Drafting Manual and strikes references to the City of Wilmington School District, which no longer exists. It also revises § 1913 of Title 14 to reflect current practice. It strikes an outdated requirement in § 1918 of Title 14 that the school districts deliver a copy of the assessment list to the County along with their tax warrant. This is inconsistent with the role of the school districts and with current practice.
This Act modernizes Delaware’s pharmacy practice laws by authorizing pharmacists to practice to the full extent of their education and training. Pharmacists have the expertise necessary to provide patient care beyond what current Delaware law allows, and enabling them to do so is an important step toward expanding access to health care in this State. Under this Act, pharmacists are permitted to independently evaluate patients, identify health conditions, order and prescribe laboratory tests, and prescribe drugs or devices without reliance on statewide protocols, formularies, or specified lists of conditions. Pharmacists may not prescribe controlled substances, with the exception of medications for the treatment of opioid use disorder, which pharmacists may only prescribe under a standing order from the Division of Public Health. In order to enable pharmacists to prescribe medications for the treatment of opioid use disorder under a standing order, this Act also amends the Uniform Controlled Susbstances Act in Chapter 47 of Title 16 to include “pharmacist” in the definition of “practitioner.” To ensure continuity of care, this Act also establishes requirements for documentation of treatment and communication with primary care providers. This Act takes effect immediately, but implementation is delayed by up to 1 year to give the Board of Pharmacy time to implement necessary regulations. This Act does not affect current law regarding the use of statewide protocols, standing orders, or collaborative practice agreements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.