Delaware General Assembly Pre-Game Show: Tuesday, May 5, 2026

Let’s start with two bills whose fates remain uncertain:

SB 1(Townsend) was released to great fanfare, and promised to limit increased costs of primary health care.  The bill cleared its final Senate committee hurdle on April 14, and is ready for Senate consideration.  I remain skeptical of the bill’s final chances based on the success that ChrisianaCare has so far had on getting the General Assembly to bow down to their demands.  Not to mention Governor Meyer’s ongoing support for ChristianaCare’s priorities.  No, it’s not on today’s agenda.

HS1/HB 183 (Gorman) would put an end to the farce of caucuses that gave us Dan Cruce and Ray Seigfried as it enables primaries for special elections.  The bill has been out of House committee since January 14.  Word from a highly-dependable source is that Speaker of The House Mimi Minor-Brown simply refuses to put it on an Agenda.  BTW, to her credit, Rep. Alonna Berry, who was the beneficiary of the current system, is on the bill as a co-sponsor.  To their continuing discredit, neither Cruce or Seigfried are, not that that’s unexpected.

Enough about what’s not happening, at least today.

Here is today’s Senate Agenda.  We’ve got more crypto-enabling legislation.  I would hope that we hear some questions from the senators before rubber-stamping this bill.

We’ve got legislation concerning damage to underground utilities.  I’ve got a question.  According to the legislation:

A facility owner’s or facility operator’s failure to perform an act required under the UUDPSA is subject to a civil penalty of up to $1 million, for violations that result in a death; up to $500,000 for violations causing damage to a structure, and up to $100,000 for all other violations. For all violations other than those resulting in death or damage to a structure, the Public Service Commission of Delaware may determine that training provided by the approved notification center may be substituted in lieu of a civil penalty.

That seems a little–generous–to me.  But, what do I know?

Today’s House Agenda features HB 310 (Heffernan), which:

…excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.

Looking forward to that roll call.

The Senate has several committee meetings today.  Scheduled highlights include:

SB 22 (Townsend) ‘builds on previous work to advance mental health parity and aims to ensure patients with private insurance can access timely, evidence-based mental health and substance use disorder care in Delaware.’ Health & Social Services.

SB 302 (Sturgeon) ‘recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028.’   Yep, looks like it’s finally happening.  Education.

SB 303 (Sturgeon):

‘…the Public Education Funding Commission (Commission) has studied how to improve Delaware’s public education funding policies so that public school funding is equitable and appropriated in a manner that allows public schools, including both school districts and charter schools, to not only spend all money that is appropriated but to do so in a manner that best meets the needs of the students in each school. This Act implements the Commission’s recommendation that the Public Education Funding Commission be established as a permanent body.’  Education.

I am immediately suspicious of SB 286 (Poore).  Poore has been funded to an inordinate extent by Delaware’s auto dealers.  Meaning, I question whether this bill is in the best interests of Delaware consumers or those who have bankrolled her campaigns.  The bill purportedly ‘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 length of the synopsis tells us it does a hell of a lot more than that.  Specifically, it requires manufacturers to cut more favorable deals with dealers.  An example:

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.

We now know who wrote the legislation.  Oh, and now we know why Poore is sponsoring it. She needs the campaign $$’s.  Banking, Business, Insurance & Technology.

Only two House committee meetings today. Let’s see if there are any highlights–why, yes:

HB 369 (Gorman) ‘codifies Executive Order No. 9 issued on May 1, 2025, by Governor Matthew Meyer regarding the establishment, within the Department of Safety and Homeland Security, of the Office of Gun Violence Prevention and Community Safety.’  Public Safety & Homeland Security.

HB 211 (Bush) ‘creates a tax credit for which accelerators may apply to incentivize the creation of industry and innovative businesses in Delaware. This tax credit may not reduce the recipient’s tax burden by more than 50% and the program will be administered by the Division of Revenue.’  Oh, so this bill could reduce the recipient’s tax burden by 50%.  So Delaware Way.  Economic Development/Banking/Insurance & Commerce.

HB 373 (Heffernan) ‘…allows manufacturers to operate in Delaware with authorization, and sets forth manufacturing and product requirements. Out-of-state and in-state manufacturers must deliver their infused beverages to licensed importers, who must comply with notice and testing requirements before the infused beverages can be transported from an importer’s warehouse to package stores for sale, and must keep detailed records of their shipments. Package stores may obtain authorization to sell infused beverages for off-premises consumption, and must comply with requirements concerning the placement of infused beverages in the store, signage, and packaging criteria. This Act also allows licensed retail marijuana stores to sell infused beverages.

Got that?  Package stores will get a big slice of this business if this bill passes.    A windfall, really.  Pecos Liquor wins, Ed Mulvihill wins, lobbyist Sean Finnigan wins.  So Delaware Way.  The losers? the so-called marijuana industry that was supposed to be the beneficiary of legalization.  Economic Development/Banking/Insurance & Commerce

Which reminds me–coming later today–more on the unholy alliance between Deb Heffernan and Ed Mulvihill.  Including the following question:  Were laws broken?

(Man, I’m getting better on these teases.  Pats self on back.)