AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PUBLIC ACCOMMODATIONS.

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Morrison
Last action: 2025-08-20
Official status: Signed 8/20/25
Effective date: Not listed

Plain English Breakdown

The exact effective date is uncertain because it depends on the status of House Bill No. 36 by July 1, 2025.

HB37: Updating Public Accommodation Rules in Delaware

This law updates Delaware rules so that government agencies, public libraries, and groups receiving state funds must follow the same non-discrimination laws as private businesses.

What This Bill Does

Changes the definition of 'place of public accommodation' to include all state and local government agencies.
Adds public libraries to the list of covered places.
Includes people who receive funding from the State to perform a public function in the non-discrimination rules.
Includes people performing a public function under the control or supervision of a state or local government agency.
Updates the definition of 'person' to include governmental bodies, trusts, limited liability companies, and other legal entities.
Makes technical corrections to match existing laws with Delaware drafting standards.

Who It Names or Affects

State agencies in Delaware.
Local government offices in Delaware.
Public libraries throughout the state.
Private groups or individuals that receive state funding to perform public functions.
Entities performing public functions under the control of a government agency.

Terms To Know

Place of public accommodation: Any establishment offering goods, services, or facilities to the general public; state and local agencies; public libraries; and people receiving state funding or supervised by government to perform public functions.
Person: A legal term in this law that includes individuals, companies, partnerships, trusts, governmental bodies, limited liability companies, and other legal entities.

Limits and Unknowns

The effective date depends on whether House Bill No. 36 passes by July 1, 2025.
This law does not apply to the sale or rental of houses, apartments, rooming houses, or other dwellings.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Richardson

Defeated 6/30/25

Plain English: This amendment creates a rule allowing religious groups and their related organizations to skip parts of HB37 if following them would seriously hurt their sincere religious beliefs.

Religious organizations, such as houses of worship and faith-based schools, are exempt from the new rules in this bill.
Nonprofit business entities controlled by religious groups can also be exempt under certain conditions.
The exemption only applies if following the law would create a major burden on their sincere religious beliefs or practices.

This amendment was defeated in the Senate, so it did not become part of the final bill.
The text does not explain exactly what specific actions count as an 'unlawful burden' without a court deciding later.

Bill History

2025-08-20 Delaware General Assembly
Signed by Governor
2025-06-30 Delaware General Assembly
Amendment SA 1 to HB 37 - Defeated By Senate. Votes: 6 YES 12 NO 3 NOT VOTING
2025-06-30 Delaware General Assembly
Passed By Senate. Votes: 15 YES 6 NO
2025-06-25 Delaware General Assembly
Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 1 Favorable, 4 On Its Merits
2025-06-17 Delaware General Assembly
Passed By House. Votes: 26 YES 12 NO 3 ABSENT
2025-06-17 Delaware General Assembly
Assigned to Banking, Business, Insurance & Technology Committee in Senate
2025-06-11 Delaware General Assembly
Reported Out of Committee (Administration) in House with 5 On Its Merits
2025-05-14 Delaware General Assembly
Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PUBLIC ACCOMMODATIONS.
The Delaware Equal Accommodations Law, Chapter 45 of Title 6, prohibits discrimination in places of public accommodation on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This Act ensures that all government services, including those provided directly by government entities and those that are government-funded or supervised, are subject to the same non-discrimination requirements as private businesses by revising the definition of “place of public accommodation”. This Act also creates a definition of “person” that is consistent with similar definitions in the Code.

Sections 2 through 4 of this Act provide enactment instructions because House Bill No. 36 (153rd General Assembly) also revises § 4502(19) of Title 6.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Lockman & Rep. Neal & Rep. Bush

Reps. Lynn, Phillips, Gorman, Snyder-Hall, Ross Levin; Sens. Hansen, Cruce, Seigfried

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 37

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PUBLIC ACCOMMODATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4502, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 4502. Definitions.

For purposes of this chapter:

(18) “Person” includes individuals, corporations, companies, associations, firms, partnerships, societies, and joint-stock companies as provided under § 302 of Title 1. In addition, “person” includes sole proprietorships, limited liability companies, trusts, governmental bodies, and any other legal, commercial, or government entity.

(19)

(20)a.

“Place of public accommodation” means

any

all of the following:

1. An

establishment

which

that

caters to or offers goods, services, facilities, privileges, advantages, or accommodations to, or solicits patronage from, the general

public, including state

public.

2. All state

agencies, local

agencies.

3. Local

government

agencies, public libraries, and state-funded agencies

agencies.

4. Public libraries.

performing public functions.

5. A person that receives funding from this State to perform a public function.

6. A person performing a public function under the control and supervision of a state or local government agency.

7.

This definition includes hotels

Hotels

and motels catering to the transient

public, but it

public.

b. “Place of public accommodation”

does not apply to

any of the following:

the

1. The

sale or rental of houses, housing units, apartments, rooming houses, or other

dwellings, nor to tourist

dwellings.

2. Tourist

homes with less than 10 rental units catering to the transient public.

Section 2. If House Bill No. 36 has passed both chambers by July 1, 2025, and is enacted into law, Section 1 of this Act takes effect 1 day after House Bill No. 36 takes effect.

Section 3. If House Bill No. 36 has not passed both chambers by July 1, 2025, Section 1 of this Act takes effect immediately.

Section 4. If House Bill No. 36 has passed both chambers by July 1, 2025, but is not enacted into law, Section 1 of this Act takes effect November 1, 2025.

SYNOPSIS

The Delaware Equal Accommodations Law, Chapter 45 of Title 6, prohibits discrimination in places of public accommodation on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This Act ensures that all government services, including those provided directly by government entities and those that are government-funded or supervised, are subject to the same non-discrimination requirements as private businesses by revising the definition of “place of public accommodation”. This Act also creates a definition of “person” that is consistent with similar definitions in the Code.

Sections 2 through 4 of this Act provide enactment instructions because House Bill No. 36 (153rd General Assembly) also revises § 4502(19) of Title 6.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.