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.
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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.
This act updates the Delaware Technical Innovation Program at Title 29 of the Delaware Code, Chapter 87A, Subchapter III by authorizing the Division of Small Business to provide matching funds or supplemental grant funds to eligible Delaware small businesses receiving federal SBIR or STTR awards in order to support research, development, commercialization, and economic benefit in this State. This act also authorizes the State to provide matching funds or supplemental grant funds to an eligible small business that has received a federal SBIR or STTR Phase I or Phase II award. To qualify for funding under Title 29, § 8737A, a small business must have its principal place of business in Delaware and must certify that the funded work, related research and development, or commercialization activity will benefit the Delaware economy. The Division of Small Business shall administer the program using funds allocated or otherwise made available for such purpose and may establish application requirements, program guidelines, allowable uses of funds, award amounts, and such other criteria as are necessary to carry out § 8737A.
This Act updates Chapter 57 of Title 15 to reflect modern voting procedures. These updates are necessary because Chapter 57 of Title 15 provides the requirements under which the Superior Court (Court) performs its duties under § 6 of Article V of the Delaware Constitution to certify the results of each general election. As such, the requirements under this Chapter need to align with all of the current ballots and methods by which votes are cast to ensure that the results of general elections are properly certified and not subject to challenge. Specifically, this Act does all of the following: • Aligns terms and definitions with current law and the updates that will be enacted under Senate Bill No. 266 (153rd General Assembly). • Adds early voting ballots and provisional ballots to the materials that the Department of Elections must provide to the Court. • Explains that the Court certifies the results of the election by tabulating the votes cast. • Consolidates the requirements for the contents of certificates of elections and the delivery of those certificates to provide clarity and repeal contradictory and unnecessary provisions. 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.
This Act clarifies and streamlines the disclosure and enforcement provisions of Delaware’s campaign finance laws. Among other things, this Act does the following: (1) Requires a political committee to submit written documentation of all loans provided to the committee and requires that proceeds of a loan are deposited into the committee’s account within 3 business days. (2) Prohibits candidates from charging interest on personal loans to a candidate committee. (3) Requires political committees to retain records for 5 years, rather than 3 years. (4) Requires the State Election Commissioner to provide the Division of Civil Rights and Public Trust (within the DOJ) with a monthly list of alleged violations of campaign finance laws and further clarifies that the Division must investigate and prosecute violations of campaign finance laws. (5) Expands the 1-time extension permitted for filing tardy reports from 24 hours to 48 hours after the reporting deadline. (6) Requires the Division of Civil Rights and Public Trust to submit an annual report of its activity to the Governor and the General Assembly. (7) Authorizes the Commissioner to create regulations relating to political committee audits. (8) Requires the Commissioner to create a mandatory biennial training program for candidates and treasurers. (9) Prohibits political committees from engaging in campaign finance activities 30 days after the issuance of a citation if the citation has not been resolved in that time.
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 creates a new Grant-in-Aid Subcommittee (“Subcommittee”) of the Joint Finance Committee and codifies requirements and procedures for organizations seeking a grant-in-aid from the General Assembly. The Subcommittee will be composed of 3 members of the Senate and 3 members of the House, with the Chair alternating between the chambers each year. The Subcommittee will annually review and analyze the applications of grant-in-aid applicants who have not previously received funding through grant-in-aid and make recommendations to the Joint Finance Committee regarding which applications to approve and at what funding level. The Subcommittee may also review any current grant-in-aid recipient for program efficacy and compliance with the conditions of prior grants and general grant-in-aid eligibility requirements. This Act takes effect January 1 following its enactment into law.
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.