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SB257 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION.

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2026-05-20
Official status
Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 5 On Its Merits
Effective date
Not listed

Plain English Breakdown

The official source does not specify the exact amount of the license fee, only that it should not exceed the costs of administering the subchapter.

Animal Shelter Licensing Act

This act requires animal shelters in Delaware to obtain a license from the Department of Health and Social Services (DHSS) annually, with penalties for non-compliance.

What This Bill Does

  • Requires all animal shelters operating in Delaware to be licensed by DHSS.
  • Licenses must be renewed every year, and there is a fee not exceeding the costs of administering the program.
  • New shelters must pass an inspection before getting their first license.
  • DHSS can refuse or take away licenses if shelters break rules or lie on applications.
  • Shelters without proper licensing face warnings or fines up to $1,000 per day.

Who It Names or Affects

  • Animal shelters in Delaware
  • People who run animal shelters
  • The Department of Health and Social Services

Terms To Know

License
A permit given by the government that allows an organization to do a specific activity, like running an animal shelter.
Department of Health and Social Services (DHSS)
The state agency responsible for overseeing health and social services in Delaware, including licensing animal shelters.

Limits and Unknowns

  • This act does not apply to existing shelters that had a good inspection within the year before January 1, 2027.
  • It requires more than half of legislators to vote for it because it involves new fees.

Bill History

  1. 2026-05-20 Delaware General Assembly

    Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 5 On Its Merits

  2. 2026-05-15 Delaware General Assembly

    Introduced and Assigned to Health & Social Services Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION.
This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter.

The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following:
(1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license.
(2) Fails to meet the requirements of this subchapter or any applicable regulation.
(3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following:
a. An application for a license or a license renewal.
b. Any data or document submitted to the Department.
c. Records required to be kept under this subchapter or under applicable regulation.
(4) Refuses to allow representatives or agents of the Department to inspect any of the following:
a. All or any portion of the animal shelter.
b. Any documents, records, or files required to be maintained by the animal shelter.
(5) Does not correct a previously identified violation.
(6) Has unpaid fees or fines.
(7) Has a history of noncompliance with animal welfare laws or applicable regulations.

The Department has discretion to issue provisional licensure for an applicant seeking license renewal.

An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation.

This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also 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 Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.

This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.