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-- ZOMBIES IN THE HALL --A CONTINUING OPINION FEATURE LOOKING AT BILLS THAT DIEDIN THE 153RD GENERAL ASSEMBLY...BUT MAY ...
08/28/2026

-- ZOMBIES IN THE HALL --

A CONTINUING OPINION FEATURE LOOKING AT BILLS THAT DIED

IN THE 153RD GENERAL ASSEMBLY...BUT MAY RISE AGAIN.

"Skip the Stuff" Seems Likely to be Reanimated in New Session

AUGUST 28, 2026 -- Earlier this month, New Jersey implemented its new Skip the Stuff law, requiring restaurants and other food businesses to provide plastic utensils, condiment packets, plastic straws, and other single-use items only when customers specifically request them.

Many First State lawmakers have been working toward a similar goal.

Sponsored by State Rep. Sophie Phillips (D-Newark, Christiana), House Substitute 2 for House Bill 111 (as amended) was Delaware's Skip the Stuff proposal. As its designation indicates, the measure went through three incarnations, with two additional amendments, before receiving a House vote.

The bill hit most of the same notes as the New Jersey legislation. It would have prohibited food sellers from automatically including condiment packets, eating utensils, napkins, and beverage stirrers in fulfilled orders. Online food sales would have required a section allowing customers to request such materials. In a bid to get the bill approved, a concession was made via an amendment that would have allowed food sellers to ask customers if they wanted any of these items.

Schools, healthcare facilities, and (somewhat ironically) prisons were exempted from the proposed mandate.

Businesses caught violating the mandate would have received warnings on the first two occasions. A third transgression would have yielded a $100 fine, a fourth would have earned a $400 penalty, and subsequent violations would have incurred a $500 fine. Total fines imposed on any single business could not exceed $1,500 per year.

Advocates framed the legislation as a means of reducing litter and plastic waste that enter local water supplies and the ocean.

While acknowledging that pollution is an ongoing challenge, opponents of the measure say it micromanages small businesses, imposes another needless inconvenience on Delawareans, and degrades customer service and a food vendor's reputation when inevitable miscommunications occur.

As quoted in a 2025 Delaware Online article, Delaware Restaurant Association President and CEO Carrie Leishman said: “We’re about customer service – we want to do what’s right for them. And if they are unaware of legislation, if they don’t know what’s happening, then it’s really the restaurant that gets the bad Yelp review."

Delaware and New Jersey are not alone in their "Skip the Stuff" interest. All the cool progressive jurisdictions are doing it. California and Washington State enacted statutes several years ago. Municipalities like New York City, Denver, and Chicago have also implemented local ordinances.

Now effectively dead with the conclusion of the 153rd General Assembly's legislative session, will the Skip the Stuff proposal be resurrected in the upcoming 154th G.A.? There is a good possibility it will be.

HS 2 for HB 111 cleared the House of Representatives by a vote of 27 to 12 on June 11, along partisan lines. It was then assigned to the Senate Environment, Energy & Transportation Committee, where it spent the final three weeks without a hearing.

The Senate will have new leadership and new membership next year. It seems reasonable that the sponsors of the bill, encouraged by their progress this session, will take another run at increasing your chances of not getting a napkin and ketchup packet in a future fast food order.

NEWS: Rep. Mike Smith Urges Governor to Opt State into Federal Scholarship Tax Credit Program AUGUST 27, 2026 -- State R...
08/27/2026

NEWS: Rep. Mike Smith Urges Governor to Opt State into Federal Scholarship Tax Credit Program



AUGUST 27, 2026 -- State Rep. Mike Smith (R-Pike Creek Valley) recently called on Gov. Matt Meyer to secure Delaware’s participation in the federal Education Freedom Tax Credit program. In a formal letter sent earlier this month, Rep. Smith emphasized that Delaware families deserve the same educational opportunities that residents of 30 other states currently have access to.



The program allows individual taxpayers to receive a dollar-for-dollar federal tax credit of up to $1,700 for contributions made to Scholarship-Granting Organizations (SGOs). These organizations then provide scholarships to eligible students to cover tuition, tutoring, and other qualified K-12 expenses.



For Rep. Smith, the mission to expand educational choice is deeply personal. Raised by his Nan alongside his cousins, he attended a private school during his youth. Reflecting on his upbringing, Rep. Smith noted that having access to a scholarship program like this would have provided much-needed relief and support for his family.



“I know firsthand the sacrifices families make to find the right educational fit for their children,” said Rep. Smith. “Growing up in a full house with my Nan and cousins, I saw how every dollar mattered. A scholarship would have been an incredible help to us then, just as it will be for thousands of Delaware families now who are struggling with rising costs.”



In his letter to the governor, Rep. Smith urged immediate action to bring these federal resources home. “I believe Delaware should take advantage of this opportunity and invest in the future of our communities by expanding access to educational opportunities for Delaware students,” Smith wrote, noting that participation would empower local taxpayers to directly support scholarships in their communities. He respectfully asked the administration to take the necessary steps to elect participation and identify qualifying SGOs for the upcoming 2027 tax year.

Notably, the program provides families with remarkable educational flexibility, as these scholarships can cover a wide range of qualified expenses far beyond private school tuition. Eligible K-12 educational costs include academic tutoring, required textbooks, curriculum materials, and critical learning technology such as computers.

Additionally, scholarships can fund specialized educational therapies for students with disabilities, standardized testing fees, and even student transportation services to and from school, ensuring that all aspects of a child’s educational journey are supported

Whether a Delawarean chooses to work with a local, state-based, or national state-approved SGO, the federal law requires that those specific contributions be used to fund scholarships for eligible students solely within the state. By opting in, Delaware ensures that the charitable generosity of its residents can benefit Delaware’s own children.



As of late July, leaders in 30 states have chosen to participate in the 2027 tax year.

“Because this is a national program, Delawareans’ federal tax dollars are already theoretically helping to fund these credits across the country regardless of whether our state opts in,” Rep. Smith said. “This is a no-brainer for Delaware. We can empower parents and help students succeed without costing our state taxpayers a single penny. It’s time to seize this opportunity.”

For More information on the Education Freedom Tax Credit, use this link:https://www.ed.gov/media/document/education-freedom-tax-credit-fact-sheet-113147.pdf

NEWS: New Law Allows Some Eligible Youths to Hunt, Target Shoot IndependentlyAUGUST 26, 2026 -- The governor recently si...
08/26/2026

NEWS: New Law Allows Some Eligible Youths to Hunt, Target Shoot Independently

AUGUST 26, 2026 -- The governor recently signed legislation to allow some young Delawareans to hunt and target shoot independently.

Sponsored by State Rep. Jeff Spiegelman (R-Townsend, Smyrna, Clayton), House Substitute 1 for House Bill 427 (as amended), allows 16 and 17 year-olds to target shoot or hunt without the direct supervision of an adult over the age of 21.

Under the measure, qualifying youths must have the permission of a parent or guardian, complete a hunter education course and, if pursuing game, have a valid hunting license.

Additional sponsors on the bill included State Rep. Bill Carson (D-Smyrna) and Sen. Brian Pettyjohn (R-Georgetown). All three legislators are co-chairs of the General Assembly's Delaware Sportsmen's Caucus, a bipartisan group of lawmakers that study hunting and fishing issues and advocate for sportsmen.

"Recruiting young hunters is paramount to maintaining Delaware's sporting heritage," Rep. Spiegelman said. "This law represents a key tool to do exactly that. Thank you to all the stakeholders, especially our non-profit partners, for helping to preserve the future of hunting in the First State."

OPINION:Task Force Fell Far Short of What Needed to be Done to Secure Delaware’s FutureBy State Rep. Jeff HilovskyThe re...
08/24/2026

OPINION:
Task Force Fell Far Short of What Needed to be Done to Secure Delaware’s Future

By State Rep. Jeff Hilovsky

The recent report issued by the Nuclear Energy Feasibility Task Force was profoundly disappointing and does little to ensure our state will be prepared to take advantage of this zero-carbon, dependable power source when it becomes available.

In partnership with State Sen. Bryant Richardson (R-Seaford), I sponsored the bipartisan concurrent resolution creating the task force. It was approved by the General Assembly last July.

The 25-member task force, of which I was a part, was charged with exploring the challenges and feasibility of deploying small modular reactors (SMRs) in Delaware, weighing this technology’s promise against its costs and potential environmental impacts. We also reviewed permitting, regulations, the regional power grid, appropriate operational venues, methods of financing, federal permitting, and access to available federal grants, among other topics.

Interest in SMRs has increased significantly in recent years in the United States, Europe, Russia, and China. It is easy to understand the appeal. Traditional nuclear power plants are bespoke, multi-billion-dollar projects, built on-site, often taking more than a decade to construct.

SMRs are much smaller, factory-built reactors that can be transported to building sites by truck or train. They require a fraction of the capital, can potentially be built in less than a third of the time, and are scalable. More reactor modules can be added to the site as demand increases.

While there was good reason to be enthusiastic, there was also rightful reticence about being the first to develop and deploy SMRs in the US. However, as the process takes years, and many states are already way beyond the starting stages, that reluctance seems more like an excuse than a reason not to move forward.

As a motivated member of the group, I had a front-row seat to its workings and deliberations. The task force met about a dozen times, with each session lasting approximately three hours, reviewing detailed presentations from nationwide and industry experts. Members posed thoughtful questions to energy, utility, environmental, and regulatory experts. Generally, the information we received was objective and thorough, although there were some exceptions.

The final report called for establishing a policy framework for nuclear energy, conducting additional technical studies, and holding meetings with residents and local officials—an approach best described as “kicking the can down the road.”

What the task force delivered was more of an ineffectual wish list than a blueprint for advancement. Critical to moving forward, the following list of reasonably expected deliverables was not delivered:

• No state agency was identified as the primary office of responsibility.
• No definitive strategy was developed to move from concept to reality.
• No timeline was established for deploying small modular nuclear reactors.
• No preferred list of suitable sites was determined.
• No action plan with goals, milestones, or target dates was completed.
• No plan was created to start the application/paperwork process for federal funding of any nuclear project.
• No financing structure(s) were identified.
• No electrical grid updates were planned or proposed to accommodate baseload power expansion.

What makes this planned inaction even more shameful is that our state is facing two concurrent energy crises: near-term and long-term. They are synergistic and foretell a dismal economic story. Doing nothing is not an option, and yet that is exactly what this report proposes through its purposeful inaction.

According to the U.S. Energy Information Administration (EIA), Delaware does not generate enough power domestically to meet its daily electricity needs. In fact, roughly 60% of the electricity we rely on is imported from nearby states via the regional power grid. Every mile electricity is transported degrades the energy being transported, making it less efficient. This not only makes all Delawareans less secure in the event of a crisis, but it also means that the cost of electricity delivered into constrained areas of the grid will be higher.

Many of the members of the task force publicly said they supported generating more power locally through a diverse mix of resources. In my estimation, this report reveals those statements to be nothing more than public relations lip service.

We are missing an opportunity to diversify power generation by not aggressively pursuing proven, reliable, dispatchable generation through combined-cycle natural gas turbines and SMR development. Instead, our state’s leaders seem content to bet our future on wind and solar power and, perhaps, on hydrogen gas sometime in the future.

Germany's experience offers a cautionary example of what can happen when a nation pursues an electricity supply strategy largely dependent on renewable energy while maintaining substantial system, network, and policy costs. Between 55% and 60% of the nation’s power comes from renewable resources. In 2025, the average cost of electricity topped 40 cents per kilowatt-hour (U.S.). By comparison, Delaware residential electricity customers were paying about 18 cents per kWh at the time.

The failure to capitalize on the task force's work was a missed opportunity that all Delawareans will likely pay for in the future. This is a crisis. Again, doing nothing is not an option. Delawareans deserve more.

# # #

ELEPHANT'S GRAVEYARD: A CONTINUING OPINION FEATURE LOOKING AT BILLS SUPPORTED BY HOUSE REPUBLICANS DURING THE 153RD GENE...
08/24/2026

ELEPHANT'S GRAVEYARD: A CONTINUING OPINION FEATURE LOOKING AT BILLS SUPPORTED BY HOUSE REPUBLICANS DURING THE 153RD GENERAL ASSEMBLY THAT DID NOT BECOME LAW...BUT PROBABLY SHOULD HAVE.

-- Abolishing the Deterrent to Building More Healthcare Capacity

AUGUST 24. 2026: In Delaware, state law requires healthcare providers to obtain government approval to purchase some types of major equipment, expand bed capacity, or open new facilities. This authorization is issued as a Certificate of Public Review (CPR), sometimes referred to as a Certificate of Need (CON), by the Delaware Health Resources Board.

House Bill 318, sponsored by State Rep. Bryan Shupe (R-Milford South, Ellendale, Lincoln), would abolish the process by eliminating the board. The bill was introduced in mid-March and assigned to the House Health & Human Development Committee where it died without a hearing.

The General Assembly did approve a related bill (House Bill 17) that repealed the requirement to obtain a Certificate of Public Review before making major medical equipment purchases below a certain cost threshold. Sponsored by House Majority Leader Kerri Evelyn Harris (D-Dover), that bill was allowed to progress, received bipartisan support, and was approved. It took effect on July 1.

While supporting that change, Rep. Shupe maintains more needs to be done. "Healthcare providers should be able to expand their operations based on their assessment of addressing patients' needs, without being hampered by needless state bureaucracy."

Advocates of eliminating Certificates of Public Review believe they restrict market competition, inflate healthcare costs, and create artificial shortages of medical facilities and equipment. They also argue that CPRs and other similar requirements are an outdated relic of failed federal policy.

According to the State Policy Network, the federal government passed the National Health Planning and Resources Development Act in 1974, withholding funds from states that did not enact Certificate of Need programs. By the early 1980s, every state except Louisiana had enacted a version of CON laws. They were originally put in place to control healthcare costs, increase healthcare quality, and improve access to care for low-income families. But research shows CON laws have failed to achieve their stated goals and have actually done the opposite of what they were intended to do. The federal government noticed these laws weren’t meeting their intended goals and repealed the CON mandate in 1986.

NEWS: Legislators Graded on Their Support of Businesses, with House Republican Scoring Top MarksAUGUST 22, 2026 -- The D...
08/22/2026

NEWS: Legislators Graded on Their Support of Businesses, with House Republican Scoring Top Marks

AUGUST 22, 2026 -- The Delaware State Chamber of Commerce (DSCC) released a legislative scorecard this week that reviewed how members of the 153rd General Assembly voted on legislation affecting the business community.

The DSCC’s “How They Voted” tracked lawmakers’ votes on 19 pieces of legislation that received votes on the House or Senate floor, and on which the State Chamber took a formal position.

"Good public policy starts with informed discussion," said Delaware State Chamber of Commerce President Michael J. Quaranta. "Our purpose is to present the facts, encourage accountability, and help connect the decisions made in Legislative Hall with the future we're building for Delaware."

The measures tracked in the scorecard covered a wide range of issues, including banking modernization, personal data privacy, housing, organized retail theft, and data centers.

Based on how often a legislator's votes matched the position supported by the Chamber, grades from “A” to “F” were awarded.

Of the 62 state lawmakers, only two achieved a grade of A: State Rep. Lyndon Yearick (R-Camden, Woodside) and State House Republican Whip Jeff Spiegelman (R-Townsend, Smyrna, Clayton). Among the remaining 60 legislators, only five scored the next highest awarded grade of B+: State Reps. Valerie Jones Giltner (R-Georgetown), Ron Gray (R-Selbyville), Mike Smith (R-Pike Creek Valley) & Jesse Vanderwende (R-Bridgeville, Greenwood), and State Sen. Gerald Hocker (R-Ocean View).

"Too many lawmakers view business owners as adversaries instead of partners,” Rep. Yearick said. “I have always believed that viable, dynamic businesses are one of the cornerstones of a healthy community. They don't just provide the goods and services we rely on; they provide jobs that sustain thousands of Delaware families. Supporting prudent policies that help our businesses succeed ultimately benefits all of us."

If the results of the DSCC’s 2025 Stakeholder Survey are indicative, business owners and operators are unconvinced that state government supports their efforts. In that poll, only 18% of respondents believed the General Assembly prioritizes the needs of Delaware's business community. Additionally, 49% ranked government regulations and mandates as the biggest barrier facing Delaware businesses.

“I am proud to have my voting record recognized by Delaware’s largest business organization, representing thousands of people in this state who risk their assets creating countless opportunities for everyone,” said Rep. Spiegelman. “If I have a regret about this year’s scorecard, it’s that 40 lawmakers, nearly two-thirds of all legislators, scored a “C” or worse. More legislators need to look at businesses not as taxable assets, but as the engines needed to drive our economy forward.”

Use this link to read the complete scorecard: https://www.dscc.com/billtracking.html

NEWS: Long-Time Farmer and State Representative, Wally Caulk, Jr., Passes AwayAUGUST 20, 2026 -- Former State Representa...
08/20/2026

NEWS: Long-Time Farmer and State Representative, Wally Caulk, Jr., Passes Away

AUGUST 20, 2026 -- Former State Representative and tireless advocate for Delaware farmers, Wally Caulk, passed away at the age of 85 on Tuesday.

Over his 22-year tenure in the State House representing central Kent County, Wally Caulk was known for his plain-spoken nature, his independent streak, and his passion for upholding the conservative values of his district.

State Rep. Shannon Morris, together with the leaders of the House Republican Caucus and the Speaker of the House, sponsored a House of Representatives Memoriam commemorating his life of service.

It reads:

The Honorable G. Wallace Caulk, Jr.

Mr. Caulk will be fondly remembered for living his life with integrity
and for his great devotion to his family.

He was known in the community as a successful farmer and businessman.

He served as the 33rd District Delaware State Representative from 1984 to 2006 and served on many committees including Agriculture; Health & Human Development; Transportation, Land Use, & Infrastructure; and Natural Resources & Environmental Management.

Mr. Caulk was a former Administrator of the Delaware Farm Bureau
and was greatly involved in various community organizations.
He truly cherished spending time with his loving family and many friends.

This beloved husband, brother, stepson, father, grandfather, great grandfather, and friend will be dearly missed.
February 7, 1941 ~ August 18, 2026.

This is concerning. Delaware loses significant ground in the incorporation of  businesses transitioning from privately o...
08/18/2026

This is concerning. Delaware loses significant ground in the incorporation of businesses transitioning from privately owned companies to publicly traded status through an Initial Public Offering (IPO) of stock.

DSU professor Nancy Ning discusses how Delaware's share of U.S. IPO incorporations is declining and questions the state.

ELEPHANT'S GRAVEYARD: A CONTINUING OPINION FEATURE LOOKING AT BILLS SUPPORTED BY HOUSE REPUBLICANS DURING THE 153RD GENE...
08/17/2026

ELEPHANT'S GRAVEYARD: A CONTINUING OPINION FEATURE LOOKING AT BILLS SUPPORTED BY HOUSE REPUBLICANS DURING THE 153RD GENERAL ASSEMBLY THAT DID NOT BECOME LAW...BUT PROBABLY SHOULD HAVE.

-- Bills for Tax Breaks on Overtime Pay and Tips Killed by House and Senate Democrats

Two bills aimed at helping modest-income workers died in the legislative pipeline this session after Democratic lawmakers refused to allow them to receive a vote.

TAX BREAK ON OVERTIME PAY

Sponsored by State Sen. Bryant Richardson (R-Seaford) and State Rep. Bryan Shupe (R-Milford South, Ellendale), Senate Bill 299 sought to provide tax relief to Delawareans who work overtime to support their families and communities.

The proposal would have created a Delaware personal income tax credit of up to $15,000 annually on overtime pay. The credit would have been phased out for high-income earners, with reductions starting with individuals earning more than $125,000 annually.

“This legislation would have put more money in the pockets of the people who work the hourly jobs that keep our society running — nurses pulling double shifts, factory workers staying late, and every hourly wage-earner sacrificing time with family to bring home a few extra dollars,” Rep. Shupe said. “Hard work should be rewarded, not penalized. This bill would have done that.”

No House or Senate Democrat sponsored or co-sponsored SB 299. It died in the Senate Elections & Government Affairs Committee without having received a hearing.

TAX BREAK ON TIPS

Sponsored by State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard), the Tipped Worker Tax Relief Act of 2026 would have provided targeted state income tax relief for people in occupations where tips provided a significant portion of their total compensation.

Under the measure, service industry workers would have been able to deduct up to $15,000 of tipped income from their taxable yearly earnings. The deduction would have been gradually phased out for workers with an annual income exceeding $75,000.

Although the bill had limited bipartisan support and was released from the House Revenue & Finance Committee, it died on the House Ready List after the chamber's Democratic leadership did not move it to a House Agenda for a vote.

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