Sen. Jack Walsh

This Act cleans up antiquated portions of The Liquor Control Act, under Title 4, by updating provisions that have been in the Code since the 1930s and making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also creates two new license types: (1) a special event license and (2) a bottle club license for businesses offering creative arts experiences like painting, candle-making, and other arts and engagement activities. In addition to technical changes, this Act makes all of the following changes to Title 4 of the Code: Sections 2, 7, 8, 15, 11, and 22 changes “retailer” or “retail” to “package store” in § 512A, § 512C, § 524, and § 904. Section 1 updates and modernizes definitions in § 101 by lowering the number of customers for concert hall licenses, clarifying that IRS-recognized 503(c)(3) or similar organizations may obtain gathering licenses, clarifying that an “importer” also means a wholesaler or distributor because the terms are used interchangeably throughout Title 4 and the Office of the Alcoholic Beverage Commissioner (“Office”) regulations, renaming a “retailer” as a “package store” and providing a clearer definition, and adding a new definition of “special event” for the special event license created by this Act. Section 2 requires the Office, under § 304, to provide current licensing data on its public-facing website rather than submitting annual reports to the Governor and the General Assembly. The Office already provides the licensing data on its website in lieu of paper reports that become stale quickly. Section 2 also updates how the Office provides notice of a hearing to consider a license application and the protests to the license application by removing the requirement to post the notice on the entrance door of the proposed licensee’s establishment and requiring the Office to mail notice by first class mail instead of registered mail. These changes reflect modern practices. Section 3 updates antiquated fiscal provisions in § 310 by requiring the Office to deposit receipts with the Office of the State Treasurer instead of the Division of Revenue and by requiring the Office to maintain receipt records and make the records available to the Division of Accounting instead of the Office of the State Treasurer. Section 4 allows the Auditor of Accounts (“Auditor”) to audit the Office, under § 313, as often as the Auditor considers necessary instead of requiring the Auditor to conduct an annual audit of the Office. Section 5 clarifies, under §501, that importers licensed as suppliers must deliver products directly to a licensed warehouse of a Delaware licensed importer because brokerage import firms licensed by the federal government as importers are also licensed as suppliers by the Office and act as agents of suppliers. Section 6 cleans up sentence structure in § 508 to clarify manufacturer and distillery reporting requirements. Section 9 removes the domestic sales cap on production for distilleries licensed under § 512E, because no other state has a similar production cap. Section 10 creates a new § 512H that allows the Delaware Alcoholic Beverage Control Commissioner (“Commissioner”) to grant to a qualified applicant a special event license for festivals, arts, crafts fairs, and other similar open-air events. The special event license permits the service and sale of alcoholic liquors for consumption on the licensed premises at special events hosted on the licensed premises by the landowner or tenant (the landowner could contract with a promotional company. A qualified applicant may hold only 1 special event license. The licensed premises must meet certain requirements, including having controlled ingress and egress. Also, at each special event sufficient food must be available at all times when alcohol is sold. A licensee must submit each special event to the Commissioner for review and approval at least 30 days prior to the special event (caterers have 20 days to provide the same materials but the Office feels the 10 extra days are needed for larger events), and the appropriate political subdivision must have approved the special event. The Commissioner may suspend a special event license, deny future licenses, or impose a fine of up to $10,000 per violation if the special event license holder has made misrepresentations on its application materials or fails to comply with the requirements of § 512H. Section 11 updates § 514 to allow an in-state manufacturer to donate alcoholic liquors to gathering license holders and require applicants for a biennial premises type gathering license to provide notice of application under § 524, unless the applicant has already been granted a biennial premises type gathering license and has no violations. Section 12 expands § 515A to allow the Commissioner to grant a bottle club license to a business establishment where customers pay a fee to participate in a creative arts experience, including painting, pottery-making, candle-making, or other similar activities. Some of these types of businesses already tell customers that the customers may bring alcohol, like a bottle of wine, on the premises. The bottle club license allows a licensed business’s customers to bring alcohol onto the business’s premises for on-premises consumption by the customer if sufficient food is provided while alcohol is being consumed. Section 13 updates § 516 by replacing “store” with “package store”, which eliminates off-premises licenses for restaurants and clubs because these establishments can now sell alcohol to-go. But the few existing licenses will be grandfathered, just like the taproom off-premises license that was eliminated in 1983. Section 14 gives a property owner or governing body who receives a notice of application under § 524 the option to file protests with the Office by email and updates the Office’s mailing address. Section 16 changes hearing requirements under § 541 so that the Office is not required to hold a hearing to consider a license application and the protests to the application, unless at least 5 persons who filed protests and who reside or own property located within 1 mile of the premises or in any incorporated areas located within 1 mile of the premises pre-register to testify at the hearing. Community members often will sign a filed protest, but then not show up to testify at the hearing. Yet the Office incurs hundreds of dollars in costs, including hiring a court reporter and publishing the hearing notice in 2 newspapers. This causes delay in approving an application and causes the State to incur costs for a hearing it did not need to hold because the application could have been granted on the paperwork. Requiring at least 5 persons to pre-register to testify should help small businesses open more quickly and still preserve a community’s opportunity to address concerns about an application at a hearing. The Office is sensitive to community concerns about license applications and believes that the communities should be able to voice their concerns at a hearing. But the Office also believes that having the option to cancel a hearing, if the persons who file a protest choose not to follow through with the protest, would alleviate unnecessary costs and delays in processing license applications. Section 16 also requires the Office to post the hearing notice on the State Public Meeting Calendar instead of publishing the hearing notice in a newspaper, because hearing notices are already mailed and emailed to individuals who have filed a protest with the Office. Section 18 adds a new license fee under § 554 for the new special event license. Section 18 also adds holders of a beer garden license to the list of licensees required to pay an additional $100 biennial license fee to be deposited in the Overservice Investigation Fund used to implement, administer, and enforce the Delaware Responsible Alcohol Beverage Server Training Program. All other on-premises license types pay the fee and the omission of the beer garden licenses appears to be a statutory oversight. Sections 19 and 21 remove an antiquated provision that permits spouses, brothers, sisters, other family members, and employers to appeal to the Commissioner to investigate, decide, and then prohibit the sale of alcohol to certain people. Section 20 adds requirements for labeling batched cocktails and infused beverages prepared by licensees to § 712, so that customers know the ingredients used in the cocktails and beverages. Section 23 delays implementation of Section 10 and Section 12 of this Act, so that the Office may prepare to implement the new special event license and the new bottle club license. This Act takes effect on the Act’s enactment into law and Section 10 and Section 12 of this Act are to be implemented the earlier of the following: (1) Six months from the date of the Act’s enactment into law. (2) Notice by the Alcoholic Beverage Control Commissioner published in the Register of Regulations that final regulations to implement Section 10 and Section 12 of this Act have been adopted. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

This Act expands Delaware’s campaign finance disclosure requirements to provide more transparency regarding the source of funding for contributions to and expenditures made from political committees in the State. To that end this Act does the following: 1. Requires out-of-state committees that contribute more than $2,000 to a Delaware election (exempting contributions to candidates and political parties) to register with the State Election Commissioner (Commissioner). 2. Requires political committees to list any affiliated controlling entities on its statement of registration. 3. Increases the disclosure requirements to be placed on third-party advertisements by requiring the advertisement to display, if applicable, the name of a majority owner of the third-party advertiser, the responsible party, affiliated controlling entities, and the 5 persons who made the 5 largest aggregate transfers to the entity in the last 12 months. 4. Requires third-party advertisers to display a link to a website that lists all contributions to the third-party advertisement in excess of $100. Any contribution that is greater than $100 that is not from an individual must also include information on the contribution’s underlying funding source. 4. Prohibits all reports filed with the Commissioner from containing a negative balance so that the source of all funds are disclosed, including any loans. Substitute 1 to HB 216 makes the following changes: 1. Prohibits a foreign national or foreign-controlled entity from making a contribution, expenditure, independent expenditure, or electioneering communication in connection with any state or local election in the State. 2. Requires that all campaign finance reports disclose specific information about advertisements, including the name of the vendor or platform used, the medium used, a description of the advertisement, and the target audience. 3. Replaces the current link to the Election Commissioner’s website on third-party advertisements with a website to be “determined” by the Election Commissioner. 4. Requires that third-party party advertisements display the state of residence, incorporation, or registration of all persons disclosed on the advertisement itself and on the linked website containing additional disclosures. 5. Updates definitions to include modern modes of communication. 6. Changes the implementation date to July 1, 2028. 7. Makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Senate Concurrent Resolution designates May 10-16, 2026, as "Charter Schools Week" in the State of Delaware and commends Delaware's public charter schools for their efforts in educating Delaware students.

This bill clarifies that counties and municipalities can deposit their revenues in any depository bank or credit union. The State of Delaware already can choose where it deposits its money, and this legislation would extend that ability to counties and municipalities.

This Act, advocated by Eric Carpenter-Grantham and his mother Linda Carpenter-Grantham, promotes equitable treatment for individuals with nonapparent disabilities in interactions with law enforcement. Also referred to as "Eric's ID Law", this Act establishes the use of a butterfly symbol on state driver's licenses and identification cards to provide individuals with nonapparent disabilities to communicate their needs and circumstances. This Act requires the Division of Motor Vehicles to make available a notation on a driver’s license or identification card that indicates a person has a disability, including an intellectual or developmental disability. It also requires that police officer training include instruction on the notation and best practices for safe interactions during a traffic stop with a person with a nonapparent disability. Upon passage of the Act, the Division of Motor Vehicles is directed to consult with disability advocacy groups regarding the design of the notation and to conduct public outreach to make the availability of the notation known. The Act is effective immediately and to be implemented within 6 months of its enactment.

Maddy summaryHB 219 designates "Diwali Day" as an annual ceremonial observance in Delaware, to be commemorated appropriately each year. This bill formally recognizes Diwali, the Hindu festival of lights, as a day of cultural significance within the state's official calendar. It does not create new laws, alter regulations, or affect specific groups or programs - it solely adds a symbolic day to Delaware's recognized observances.

This act requires the Division of Professional Regulation to employ at least one licensed journeyperson electrician to carry out investigations as a member of the Investigative Unit of the Division.

This resolution proclaims May 14, 2026, as "Home Care Advocacy Day" in the State of Delaware and recognizes the dedication and hard work of caregivers.

Maddy summaryThis bill designates May 2026 as Lyme Disease Awareness Month in the State of Delaware. It directly affects state agencies and officials by establishing an official timeframe to highlight information about the disease. The primary mechanism is a formal declaration that encourages public awareness without mandating specific actions or funding. This measure serves as a commemorative resolution rather than a law that changes operational procedures or imposes new requirements.

This Act strengthens essential protections for victims of human trafficking by removing practical barriers that prevent victims from getting convictions or juvenile delinquency adjudications obtained as a result of being a victim of human trafficking vacated and the related criminal or juvenile records expunged. This Act amends § 787 of Title 11 in the following ways: (1) Requires a showing that the offense to be vacated was committed “as a result”, instead of “as a direct result”, of the victims having been trafficked, which recognizes that victims of human trafficking may engage in a range of criminal behaviors related to their exploitation. (2) Provides that a motion to vacate and any hearing or proceeding related to the motion to vacate must remain confidential, unless the court determines good cause exists to open the proceeding, so a victim of human trafficking may seek relief without fear of revictimization. (3) Eliminates the requirement of a mandatory hearing on a motion to vacate unless the Attorney General files a timely objection to the motion. This will allow victims to obtain relief on uncontested motions without needing to relive their trauma through questioning at a formal hearing. (4) Clarifies that the standard of proof for determining eligibility for vacating an adjudication or conviction under § 787(j) is by a preponderance of evidence. (5) Allows a victim to vacate a conviction or adjudication of delinquency under § 787(j) and expunge the records of that conviction or adjudication. Additionally, this Act allows the court to order immediate expungement sua sponte or on request and allows expungements to be ordered by the court deciding the motion to vacate. (6) Establishes guidelines for the Attorney General to request an extension of time, if needed, to respond to a motion to vacate. This Act also aligns the standards for a defense to a charge of prostitution or loitering from “as a direct result” to “as a result” of human trafficking. This matches the change made to the vacatur provisions and keeps the standards in § 787 consistent. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.