House Agenda
Senate Agenda
Committee Hearings Schedule (House and Senate)
Recently Introduced Legislation
2026 Legislative Session Schedule
The General Assembly is in session today (May 14) and will be in session on Tuesday, May 19, Wednesday, May 20, and Thursday, May 21, after which they will recess for budget markup (Joint Finance Committee) until Tuesday, June 9 when they reconvene.
NCC Chamber Seeking Input on Paid Family Leave
The Paid Family and Medical Leave Insurance Program codified in 19 Del. C. Ch. 37, and administered by the Delaware Department of Labor, went into full effect on January 1, 2026.
The NCC Chamber is gathering input from employers on their experience with implementation, filing claims, and other aspects of the program with the aim of recommending improvements to the regulations and/or statute. Additional information will be forthcoming on the Chamber’s website and in an email soliciting input.
Chatbot Legislation Passes House, Awaits Consideration in Senate Committee
HB 306 w/ HA 1 & HA 3 (Romer) passed the House on May 5 by a vote of 25-12, with one (1) not voting and three (3) absent. The bill has been assigned to the Senate Banking, Business, Insurance & Technology Committee where it awaits consideration.
The NCC Chamber opposed the original legislation as written and sought amendments in coordination with member companies and other business stakeholders and will continue that effort in the Senate.
The NCC Chamber does not oppose the enactment of safeguards where the use of chatbots are concerned. However, the bill, even after the addition of HA 1 and HA 3, still contains concerning provisions where civil liability exposure and broadly written language are concerned.
House Amendment 1 added language intended to provide a safe harbor provision for entities using chatbots. Though the Chamber was supportive of provision of a safe harbor in the bill, the language in HA 1 does not address our concerns, based on the reading of it by members with legal expertise.
House Amendment 3 clarifies that amount of damages that can be recovered under the Act would be either 1) the amount of actual damagesi or 2) statutory damagesii of $1,000 – whichever is greater.
Remaining Concerns (not exhaustive)
- As a matter of longstanding policy, the New Castle County Chamber of Commerce generally opposes the inclusion of a private rights of action in such legislation - particularly where there is a remedy contemplated via the Department of Justice or a like authority.
- To avoid unmerited legal action, we recommend that language requiring a plaintiff to explicitly demonstrate harm when and/if litigation occurs.
- The Chamber is concerned that provision for class action litigation due to their potential impact on the State of Delaware’s tort law environment, the tendency to encourage litigation that is exceedingly expensive to defend against, often bring little relief to class members, lead to forum shopping and inconsistency across jurisdictions. Explicit reference to a class action suit is, by our understanding, rare in Delaware Code. Class action litigation with a cap of $10 million is concerning for an entity of any size, for small businesses, it could prove catastrophic.
Legislation to Codify the Role of DEFAC Passes Senate
HS 1 for HB 370 (Harris), titled the “DuPont-Cook Financial Responsibility Act” passed the Senate on May 12 by a unanimous vote of 21-0. The bill passed the House, as amended by HA 1 by a vote of 35 “yes” & five (5) absent on April 23. The legislation now awaits action by the Governor. The bill’s synopsis follows:
This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.
Legislation to Reduce the Realty Transfer Tax Introduced
HB 416 (K. Williams) was introduced on May 12 and assigned to the House Revenue & Finance Committee. The bill would reduce Delaware’s Realty Transfer(RTT) tax by ¼ of a percent. The tax, the provisions for which can be found in 30 Del. C. Ch. 54, was increased by 1 percent in 2017.iii
The NCC Chamber supports a reduction in the RTT. Delaware has among the highest rates in the nation. Though the persistent housing affordability problem is complex, and calls for a number of changes to public policy, a reduction in RTT is a step in the right direction.
Data Privacy & Data Breach Bills Introduced
Representative Krista Griffith (D-RD 12) recently introduced to bills dealing with personal data protection. The Chamber is seeking member input on the following bills:
HB 380 (Griffith) AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY. Synopsis: This Act amends the Delaware Personal Data Privacy Act (DPDPA), Chapter 12D of Title 6, originally enacted in 2023, to more closely align the DPDPA with similar consumer data protection laws enacted in other states. This Act amends the applicability threshold of the DPDPA to entities who process the personal data of not less than 15,000 consumers, which on a population percentage basis closely aligns to thresholds in Connecticut and New Jersey. This Act amends Gramm-Leach-Bliley Act (GLBA) applicability exemptions, adopting approaches to financial data in similar laws in Connecticut, Montana, and Oregon, by exempting all data regulated by GLBA while limiting entity-level exemptions specifically to banks and insurers and their respective affiliates. This Act introduces contracting and due diligence requirements where businesses sell or disclose personal data to third parties and also harmonizes several DPDPA business requirements and consumer rights with personal data privacy laws in other states. This Act also makes technical changes to existing law to conform to the standards of the Delaware Legislative Drafting Manual.
Status: Released from House Technology & Telecommunications Committee and on House Ready List. NCC Chamber Position: Under Review/Gathering Input
HB 381 (Griffith) AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMPUTER SECURITY BREACHES. Synopsis: This Act amends Chapter 12B of Title 6 relating to Computer Security Breaches to clarify when businesses must provide notice of a computer security breach to the Attorney General.
Status: Released from House Technology & Telecommunications Committee and on House Ready List. NCC Chamber Position: Under Review/Gathering Input
COMMITTEE HEARINGS OF INTEREST DURING THE PAST WEEK
Tuesday, May 12
House Economic Development/Banking/Insurance & Commerce Committee Meeting
House Labor Committee Meeting
House Gaming & Parimutuels Committee Meeting
Wednesday, May 13
Senate Health & Social Services Committee Meeting
House Judiciary Committee Meeting
Senate Environment, Energy & Transportation Committee Meeting
House Health & Human Development Committee Meeting
Senate Banking, Business, Insurance & Technology Committee Meeting
Senate Housing & Land Use Committee Meeting
House Elections & Government Affairs Committee Meeting
Senate Education Committee Meeting
Senate Executive Committee Meeting
House Administration Committee Meeting
House Natural Resources & Energy Committee Meeting

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