Legislative Update, Week of April 14, 2025
Legislative Update, Week of April 14, 2025
The General Assembly will be in session on Tuesday, Wednesday, and Thursday of the coming week, with the Spring Recess commencing after this Thursday’s session. The legislature will return to regular session on Tuesday, May 6th.
Chamber Events: Upcoming Chamber Events, including pending Policy Makers Series Installments can be found on the Chamber Events Calendar.
- Policy Makers Breakfast: featuring Governor Matt Meyer [Info. & Registration].
DATE & TIME: Tuesday, April 22nd, 8:00 a.m. – 10:00 a.m. (LOCATION: HOTEL DU PONT, the du Barry Room, 42 W. 11th Street, Wilmington, DE 19801
- 2025 NCC Chamber Annual Dinner: Mon., May 5, Annual Dinner (Save the Date!): The Chamber’s 2025 Annual Dinner will be held on Monday, May 6, EDT) A number of business leaders and prominent economists have expressed concerns that the United States may be on the brink of a recession – which would also impact state revenues. Another factor is the likely inflationary and job loss impact that the escalating trade war could have on the state revenues.
Federal Budget Update
Unable to reach agreement on an FY 2025 Federal Budget, the federal government is being funded via a continuing resolution which was approved by the Senate hours before the March 14th deadline. The federal fiscal year runs from October 1st to September 30th. Ongoing disagreements as to how to proceed have resulted in a series of continuing resolutions, which fund federal government operations, with certain supplementary appropriations, at FY 2024 levels. The current continuing resolution, signed by President Trump after passage, runs until the end of September. For a time, it appeared that the Democratic filibuster might result in a shutdown. However, Senate Minority Leader Chuck Schumer (D-New York), and nine other Democrats ultimately voted for cloture and passage of the measure expressing concerns about what might result from a shutdown.
While the continuing resolution will remain in effect until September, efforts continue to reach agreement on an omnibus bill for FY 2025 that President Trump refers to as “one he chief purpose of the reconciliation process is to enhance Congress’s ability to change current law to bring revenue and spending levels into conformity with the policies of the budget resolution. Accordingly, reconciliation is probably the most potent budget enforcement tool available to Congress for a large portion of the budget.”[i]
House Approval of Budget Resolution with FY 2025 Budget Instructions
On Thursday, Apil 9th, the House passed a budget resolution which contains an appropriations blueprint that would substantially advance Trump Administration spending priorities. The vote on the measure was 216-214. Passage was not guaranteed as there were concerns among borrow and spending would be limited to incoming revenues. That could result in delays in payments to federal employees, markets, and brought about considerable economic uncertainty on a global scale as countries developed retaliatory measures, expressed their displeasure, and, in some instances reached out via diplomatic channels to negotiate.
Throughout the presidential campaign President Trump indicated that he would take aggressive steps to effect changes to what he perceives as substantial trade imbalances with other nations, ranging from small countries to large trading partners and economic blocks such as the European Union. Many were surprised by the scope and scale of his actions.
Initial levies were announced in February. On February 4th, a 10 percent tariff on Chinese imports went into effect, three days after the President signed an emergency order. China countered by indicating that they would impose a 15 percent tariff on imported coal and liquified natural gas coming from the U.S. as well as a 10 percent tariff on crude oil, agricultural machinery, automobiles with large displacement, and pickup trucks. On February 10th, President Trump announced a 25 percent tariff on all steel and aluminum coming into the U.S., including those from Canada and Mexico. On February 13th, the President announced a tariff scheme that would impose broad reciprocal tariffs on all U.S. trading partners and indicated that those tariffs would be set at the same level as those imposed by a given country on goods imported from the U.S. On February 20th, he advised reporters of his intention to impose additional tariffs on auto, semiconductor and pharmaceutical imports of as much as 25 percent.
On March 5th, President Trump allowed a one-month exemption from the levies for U.S. automakers, Ford, General Motors, and Stellantis. On March 6th, he issued an order delaying the levies on certain goods from Canadian and Mexico but indicated his intention to move forward with reciprocal tariffs on those goods on April 2nd. On March 10th, China retaliated with a 10 percent tariff on a range of U.S. farm products. On March 11th, the White House backed a number of other countries. Reciprocal tariffs took effect on 86 countries on April 9th. On April 10th most of the reciprocal tariffs whether or not the regulations should be allowed to expire. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency during the 12-month period preceding each October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committee’s review of State agency regulations. (3) Establishes a process for the Committee’s review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, “ trafficking of persons for use of body parts” to the offenses that may serve as a predicate for forfeiture of property under the trafficking statute. (2) It removes an obsolete reference to charging a minor with delinquency for engaging in prostitution. The Criminal Code was revised in 2019 to define prostitution as a crime that may be committed only by a person who is 18 years of age or older. (3) It adds conduct constituting a human trafficking offense to the list of conduct that constitutes “abuse” for purposes of obtaining a protective order in Family Court. Status: In House Judiciary Committee Chamber Position: Under Review
HB 27 w/ HA 1 (Williams) AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE ANTI-TRAFFICKING ACTION COUNCIL. Synopsis: This Act makes changes to the operating requirements for the Delaware Anti-Trafficking Action Council. It reduces the members required for quorum from 13 to 10. Since the quorum requirement has been reduced to less than a majority of the Council, the bill also specifies that the Council may generally take action upon the vote of a majority of members present at a meeting, but that a majority vote of the Council members is required to approve the appointment of an Executive Director. Consistent with current practice, the Executive Director has the authority to hire staff and contract for services within the limits of available funds. The Act also revises the reporting on funds spent to be part of the annual report and include state, federal, or other funding received by the Council other than State-funded positions. At the present time, the Council does not receive state funding other than allocated personnel positions. Finally, the Act allows the Council to have a virtual meeting with a physical location open to the public (anchor location) so long as a staff member of the Council is present at the anchor location. Without this authorization, a member of the Council would be required to attend at the anchor location in order to comply with the State’s open meeting rules. Status: In House Judiciary Committee Chamber Position: Under Review
HB 29 -SA 1 w/ HA 1 (Shupe) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC EDUCATION PROFILES. Synopsis: Each year, the Department of Education (Department) publishes data regarding all Delaware public schools, currently known as School Performance Data Reports (reports). These reports are available on the Department’s website as the Delaware Report Card. This Act revises current law to correspond with and codify current Department practices regarding these reports as follows: • Changes the term “Education Profile” to “education-related data” to reflect the broad range of data that the Department publishes, in addition to the annual reports required under existing State and federal law. • Requires that there is a link to these reports on the school choice website. • Requires that these reports continue to include proficiency rates. In addition, this Act requires that the Department do a career pathways offered at a high school in these reports. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual which includes revisions to clarify repetitive, confusing, or contradictory language. Status: Released from Senate Education Committee and placed on the Senate Ready Chamber Position: Monitoring/Under Review
HB 34 (Romer) AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK AUTHORIZING THE CITY OF NEWARK TO LEVY A TAX ON COLLEGES AND UNIVERSITIES WITHIN THE CITY OF NEWARK. Synopsis: This Act amends the Newark Charter by authorizing the City of Newark to levy and collect a per student, per semester tax on Colleges and Universities that host in person classes which are located within the boundaries of the City of Newark. This tax applies to all colleges and universities including any organizations that are considered subdivisions or agencies of the State of Delaware or are otherwise tax exempt, including but not limited to the University of Delaware. The amount of the tax will be adjusted annually in an amount not to exceed the change in the Consumer Price Index for all Urban Consumers (Philadelphia-Camden-Wilmington, not seasonally adjusted). It also limits the available payment methods to restrict the use of credit cards for the payment of the all of the same protected classes as the broad law that also applies or do not include the definitions of classes that are also in the broad law. These inconsistencies could lead to a misunderstanding by someone reading only an incomplete narrow law, and eventually litigation, about what constitutes illegal discrimination by an entity covered by both the narrow and broad laws. For example: • The non-discrimination provision for the Board of Podiatry under § 506(c) of Title 24 does not prohibit discrimination all of the definitions in the applicable broad law. Adding all of the broad non-discrimination laws define “race” as including traits historically associated with race, including hair texture and protective hairstyle. However, very few of the narrower non-discrimination laws include this definition of “race”. 2. Several narrow non-discrimination laws prohibit discrimination permit and that the permitting agency verify that the new or modified accessible parking spaces is compliant with the law. Status: In House Health & Human Development Committee Chamber Position: Opposed as written.
HS 1 for HB 49 (Williams): AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE Synopsis: This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met. Status: Passed House & Assigned to Senate Education Committee Chamber Position: Monitoring
HB 50 (Heffernan) AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE. Synopsis: This Act addresses energy costs to consumers by redirecting certain funds to supplement the existing Low Income Home Energy Assistance Program and by creating the Delaware Energy Fund to be maintained to ensure certicates issued, renewed, modified, resissued after December 31, 2026. Status: Out of Committee & on House Ready List Chamber Position: Under Review
HB 57 -HA 1 (Morrison): AN ACT TO AMEND TITLES 6 AND 11 OF THE DELAWARE CODE RELATING TO HOME CONSTRUCTION CONTRACTS. Synopsis: This Act protects consumers by regulating home improvement contracts. Among other things, this Act provides the buyer with a right to cancel home improvement contracts within 3 days (5 days for those over the age of 62 or with a disability); limits contract deposits and material deposits; and time periods in which construction must begin. It also prohibits confessions of judgments and hasty debt transfers. If a party to a home improvement contract violates a provision of this new subchapter, a person who is damaged as a result has a cause of action to seek damages, costs, and reasonable attorney's fees. This Act also creates a requirement that individuals convicted of 2 or more offenses of home improvement fraud after the effective date of this Act must be subject to debarment. This debarment will preclude these individuals from operating a business which engages in home improvement services or from employing other individuals to engage in home improvement services. Debarred individuals may work for a company which engages in home improvement themselves, so long as they are not in control of the company in question. This bill also enhances penalties for home improvement fraud for those with prior convictions for home improvement fraud; and creates enhanced penalties for individuals who engage in home improvement services while operating companies which are not registered with the Delaware Department of Labor’s Contractor Registry. Status: In House Economic Development, Banking, Insurance & Commerce Committee Chamber Position: Under Review
HB 60 (Lynn): AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DIVISION OF MOTOR VEHICLES DATA PRIVACY. Synopsis: This Act limits circumstances in which personal identifiable information about applicants or holders of driving privilege cards may be released to those instances where the Delaware Attorney General gives specific approval or where the request for information is in a valid court order. It also amends existing provisions relating to disclosure of driver and motor vehicle information to limit the disclosure or re-disclosure of citizenship or immigration status information and related sensitive personal information. Such information may be released pursuant to a court order, with the approval of the Delaware Attorney General, for voter registration purposes, and where otherwise explicitly authorized by statute. Status: In House Judiciary Committee Chamber Position: Under Review
HS 1 for HB 62 (Ross Levin) AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES. Synopsis: This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following: 1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday. 2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year. 3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit. 5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season. 6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season. 8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred. 9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor. This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality. Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements. Status: Out of Committee & on House Ready List
Chamber Position: Under Review
HB 65 (Bolden): AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS. Synopsis: This Act moves the date of primary elections for statewide office, and municipal Osienski) 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. Synopsis: This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it may be towed, and written authorization to tow a specific vehicle is required before the vehicle may be towed from a private parking area. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and Tow companies and storage facilities must accept credit Tow companies may not patrol for illegally parked cars, unless they have a contract to do so and comply with the requirements applicable to any other unauthorized towing of a vehicle. the refusing to participate in the same. Meetings or communications necessary for their job duties or that are voluntary are Act and a notice will also be sent to the Department of Labor. A contractor who fails to participate in good faith in the dispute resolution process may also have their certificate of registration denied, suspended, or revoked. This Act also establishes that a buyer who initiates a civil action for damages incurred attorneys fees. A buyer who initiates a civil action may also obtain up to treble damages if the buyer completed the steps to be eligible for the dispute resolution process, if the buyer made an offer of settlement at least 10 days prior to filing the civil suit and the contractor rejected the offer, if the offer was for less than the buyer is ultimately awarded by the court, and if the court holds that the contractor’s violation was 5 year requirement. Status: In House Elections & Government Affairs Committee Chamber Position: Under Review
HB 111 (Phillips): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS. Synopsis: This Act prohibits food establishments from providing any single-use food service items, whether plastic or not, unless specifically requested by a customer. This Act also requires a written notice to be provided to a food establishment or third-party delivery service that violates the Skip the Stuff Act allowing the entity to correct the violation within 30 days. This Act is effective on January 1, 2026. Status: In House Economic Development, Banking, Insurance & Commerce Committee Chamber Position: Opposed as written.
HB 115 (Phillips): AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE PROHIBITION OF DISCRIMINATION BASED ON WEIGHT, HEIGHT, OR BODY SIZE. Synopsis: This Act prohibits discrimination based on weight, height, or body size in transportation, public accommodation, housing, commerce and trade, employment, jury selection, education, and public administration. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: In House Administration Committee. Chamber Position: Under Review/Gathering Input
Senate Bills Other than Appropriations
SB 4 -SA 1 (Sturgeon) AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF INSPECTOR GENERAL. Synopsis: This Act establishes an independent and nonpartisan Office of the Inspector General (OIG) and the position of the Inspector General. Under this Act, the OIG would be unique in state government as a non-political agency with a sole mission to investigate and prevent fraud, waste, mismanagement, corruption, and other abuse of governmental resources. The OIG will protect the health and safety of Delaware residents, assist in the recovery of misspent or inappropriately paid funds, and strengthen government integrity and the public trust in government operations by doing all of the following: 1. Investigating the management and operation of state agencies to determine if there has been waste, fraud, abuse, mismanagement, corruption, or other abuse of governmental resources that is harmful to the public interest, including the General Assembly’s management of governmental resources and routine administrative operations, such as requirements related to employment practices and procurement. The OIG authority take action on a referral, the OIG may pursue a civil action on behalf of the State. • The OIG will be unique in State government because the Inspector General is not elected and will be an entirely independent agency. The Inspector General will be selected through a process that requires a Selection Panel to provide 3 names to the Governor for consideration. The Governor will select a nominee from these 3 names for appointment as Inspector General and submit the nominee to the Senate for confirmation. Once confirmed, the Inspector General serves a term of 5 years. In addition, the DOJ is not responsible for providing legal advice, counsel, services, and representation to the OIG. In other states, the financial impact of investigations by the Office of Inspector General has exceeded the annual budget for that office by millions of dollars. Some examples of conduct that have been identified in states where an Inspector General has responsibilities Synutra International, Inc., 195 A.3d 754 (Del. 2018), and In re MFW Shareholders Litigation, 67 A.3d 496 (Del. Ch. 2013), aff'd sub nom., Kahn v. M & F Worldwide Corp., 88 A.3d 635 (Del.2014). Revised § 144 does not limit the right of any person to seek relief on the grounds that a stockholder or other person aided and abetted a breach of fiduciary duty by one or more directors. Consistent with existing case law, the stockholder or other person must have knowingly participated in a breach of fiduciary duty to establish an aiding and abetting claim. In re Mindbody, Inc., 2024 WL 4926910 (Del. Dec. 2, 2024). The amendments to § 144 also set forth criteria for determining the independence and disinterestedness of directors and stockholders. The amendments provide that controlling stockholders and control groups, in their capacity as such, cannot be liable for monetary damages for breach of on the basis of information obtained through a demand for books and records. New § 220(b)(4) preserves whatever independent rights of inspection exist under the referenced sources and does not create any rights, either expressly or by implication. New § 220(f) provides that if the corporation does not have specified books and records, including minutes of board and committee meetings, actions of board or any committee, financial statements and director and officer independence questionnaires, the Court of Chancery may order the production of additional corporate records necessary and essential for the stockholder’s proper purpose. New § 220(g) provides that a stockholder may obtain additional specific records if the stockholder has made a showing of a compelling need to further a proper purpose for the inspection and has demonstrated by clear and convincing evidence that such specific records are necessary and essential to further such purpose. Section 3 of this Act provides that Sections 1 and 2 of this Act take effect on the enactment of this Act and apply to all acts and transactions, whether occurring before, on, or after the enactment date of this Act, except that Sections 1 and 2 of this Act do not apply to or affect any action or proceeding commenced in a court of competent jurisdiction that is completed or pending, or any demand to inspect books and records made, on or before February 17, 2025. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the general corporation law. Status: Signed by the Chamber Position: SUPPORT
SB 26 (Brown) AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION Synopsis: Under current Delaware law, if a labor dispute constitutes a lockout, employees who meet all other eligibility requirements qualify for unemployment benefits from the date they file their claim. However, if a labor dispute does not constitute a lockout, employees do not qualify for (i.e. are disqualified from receiving) unemployment benefits. This Act changes the law to allow an employee who is subject to a labor dispute, other than a lockout, to collect unemployment benefits after a 2-week waiting period, if the employee meets all the eligibility requirements for unemployment benefits, including being able and available for work and completing weekly job requirements. This Act provides that the 2-week waiting period established by this Act is waived if one or both of the following apply: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. The Department of Labor may impose a penalty on an employer who fraudulently certifies the ability of an employee to return to the employee’s prior position on conclusion of the labor dispute. Status: In House Labor Committee Chamber Position: Under Will be heard in committee on Wednesday, April 9.
SB 33 (Brown): AN ACT TO AMEND TITLE 22, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE DOWNTOWN DEVELOPMENT CORRIDORS AND DISTRICTS. Synopsis: This Act builds on the success of the Downtown Development Districts Act, Chapter 19 of Title 22 of the Delaware Code, by permitting a municipality with a population of 30,000 or more in the 2020 federal census, which includes Wilmington, Dover, and Newark, to designate an area in the municipality as a "Downtown Development Corridor". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: In Senate Elections & Government Affairs Committee Chamber Position: Under Review
SB 34 (Brown) AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S RIGHT TO EARLY LEASE TERMINATION. Synopsis: 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. Status: In Senate Housing & Land Use Committee Chamber Position: Under Review
SB 36 (Brown) AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO CAR PURCHASE CONTRACT CANCELLATION OPTION AGREEMENTS. Synopsis: This Act requires dealers to offer car buyers the opportunity to purchase a contract cancellation option agreement. The contract cancellation option agreement must allow buyers to cancel a car purchase no less than 3 business days after the dealer delivers the car to the buyer. The cost of the contract cancellation option is based on the cash sale price of the car. A dealer may also charge a restocking fee, based on the cash sale price, if a consumer cancels the car purchase. But the cost of the contract cancellation option must be credited to any restocking fee. If a consumer chooses to buy a car at the end of a lease and then exercises a contract cancellation option, a dealer may charge to that consumer any amount that would have been due under the lease for excess mileage, unrepaired damage, and excess wear and tear. The dealer must keep any trade-in motor vehicles through the end of the cancellation period. If a consumer cancels a car purchase, the consumer must return the car to the dealer along with the signed contract cancellation option. The car must be free of excess mileage, excess wear and tear, and liens, other than liens created by the sales contract or a loan used to finance the purchase of the car. The dealer must give a full refund, less the restocking fee, and must return any trade-in car before the cancellation period ends and the buyer exercises the right to cancel, the dealer must also refund the fair market value of the car or the value listed in the contract, whichever is higher. A dealer is not required to allow the same consumer to purchase a cancellation option again within 30 days after the consumer exercises a cancellation option. A dealer is not required to give notice of the return of a motor vehicle under this Act to a subsequent buyer. This Act does not cancel or limit any disclosure obligation required by any other law. This Act does not affect or alter the legal rights, duties, obligations, or liabilities of the buyer, the dealer, or the dealer's agents or assigns, that would exist without a contract cancellation option agreement. The buyer is the owner of a motor vehicle when the buyer takes delivery of a motor vehicle until the motor vehicle is returned to the dealer under a contract cancellation option agreement. The existence of a contract cancellation option agreement does not impose permissive user liability on the dealer, or the dealer's agents or assigns. This Act does not affect a buyer’s Red dye 3 (CAS no. 16423-68-0). For drink, ice, confectionary, and condiments. Red dye 3 is a color additive made from petroleum that gives foods a bright cherry-red color. Any person that violates this Act is subject to a civil penalty as follows: (1) For a first occurrence, not to exceed $5,000, in addition to costs. (2) For a subsequent occurrence, not to exceed $10,000, in addition to costs. Each day on which a violation of this Act occurs constitutes a separate occurrence. In 2023, California became the first state to ban Red dye 3. The petition is actively pending consideration. The FDA has not yet issued a decision. Red dye 3, also labeled Red 3 or FD&C Red No. 3, is a synthetic additive used to color food and drink that has been linked to behavioral concerns in children and cancer. Red dye 3 is in thousands of foods, including those marketed to children. The U.S. Department of Agriculture’s Branded Foods Database at Food Data Central identified 9,201 U.S. food products that contain Red dye 3 with natural colors from foods like beets, red cabbage, or black currants, or could simply leave it out entirely. Red dye 3 is added to food only to make it look more appealing. This Act takes effect on October 1, 2027, which is 9 months after California’s ban will go into effect. Status: In Senate Health & Social Services Committee Chamber Position: Under Review/Monitoring
SB 44 (Townsend) AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIAMOND STATE PORT CORPORATION. Synopsis: This Act makes changes to the Diamond State Port Corporation (“Corporation”). Specifically, this Act does the following: (1) Authorizes the Corporation’s Board of Directors (“Board”) to elect the Chair of the Board without the advice and consent of the Senate. Currently, the Governor appoints the Chair with the advice and consent of the Senate. (2) In Section 2, provides for a transition period after this Act takes effect to ensure the Board has a Chair until the Board elects a Chair under this Act. (3) Makes clear that the total membership of the Board is 14. The Director of the Division of Small Business was removed from the Board by Chapter 374 of Volume 81 of the Laws of Delaware, but the total number of members of the Board was not reduced to reflect the change. (4) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a special act of incorporation. Status: In Senate Elections & Government Affairs Committee Chamber Position: Neutral/Monitoring
SB 46 (Committee rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in it is also unfair to contractors who comply with Chapter 35 and these other employment laws. When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35. This Act makes Mantzavinos)List 2)f. of § 4164 of Title 14 with the additional protected classes included in the newly created non-discrimination provision in § 136 of Title 14. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: In Senate Education Committee Chamber Position: Gathering Input
SB 81 (Lockman): AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER SALARIES. Synopsis: This Act removes the time restriction that only allowed for certain teachers or specialists who were hired after August 9, 2023, to obtain additional experience credit for purposes of salary computation. This Act would allow for teachers or specialists hired before August 9, 2023, to qualify for the same experience credit for purposes of salary computation. Status: In Senate Education Committee Chamber Position: Monitoring
SB 90 (Paradee): AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE INSPIRE SCHOLARSHIP PROGRAM. Synopsis: The Delaware State Inspire Scholarship Program (Inspire scholarship) pays undergraduate tuition for 8 semesters at Delaware State University (DSU). Some students complete their undergraduate degrees in less than 8 semesters because they take heavier than average course loads each semester or because they earned college credits during high school. This Act aims to reward students for their hard work and provide additional access and opportunity for them to continue their higher education by allowing students to use the Inspire scholarship program towards additional levels of higher education if the student obtains their undergraduate degree before using all 8 semesters of eligibility. Specifically, this Act extends eligibility for Inspire scholarships as follows: 1. Under current law, most students may use Inspire grant money for up to 8 continuous semesters towards a bachelor's degree at DSU. This Act allows students who complete a bachelor's degree in less than 8 continuous semesters to use the remaining Inspire grant money towards a graduate degree program at DSU. 2. The Inspire scholarship program provides additional time for individuals who lived in foster care to complete an undergraduate degree. This Act makes corresponding changes to the eligibility for these individuals so that they also can use remaining Inspire grant money towards a graduate degree at DSU if they complete their undergraduate degree before exhausting the time available to do so. In addition, this Act modifies 2 requirements for eligibility for the Inspire scholarship program for students using the scholarship for a graduate degree program so that students may be enrolled on a part-time basis and are not required to maintain continuous enrollment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: In Senate Education Committee Chamber Position: Under Review – Support Likely
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