2025 Session Legislative Report
Prepared by the Working Families Party Elected Support Team
Political context you need to know
Delaware is a blue state — run mostly by Democrats. In the House, Democrats hold 27 out of 41 seats. In the Senate, Democrats hold 15 out of 21 seats. Republicans are in the minority, therefore don’t have enough votes to kill legislation — unless the legislation requires a ⅔ or ¾ vote (such as a constitutional amendment or the budget).
Delaware’s legislative sessions are two years long. The General Assembly actively passes bills between January and June 30th. January to June 30th 2025 marks the first half of a two year legislative session. Any bill that has not passed this year could be picked up again in January 2026. However, any legislation that does not pass by June 30, 2026 will die, and have to start over in 2027.
What happened this year?
When it comes to working class issues, progress moves slowly. One would think that in a blue state like Delaware, progressive legislation would pass more easily. Unfortunately, that is not the case. What’s that saying about the arc of justice?
This year’s biggest legislative fight revolved around Delaware’s golden goose — the Chancery Court. SB 21 would make it harder for small investors to challenge deals in court that companies had previously struck with their founders or other powerful shareholders. Legislators rushed to write and pass SB 21 (which Governor Meyer promptly signed), claiming it would stop corporations from leaving Delaware. But, since it passed, several corporations have left, citing the legislation as their reason for leaving.
The urgency with which the General Assembly worked to pass SB 21 was shocking. But what was more shocking was how slowly they moved on the other issues average Delawareans are facing — such as the rising cost of housing and utilities and the threat of cuts to federal funding for programs like Medicaid and SNAP. Delaware’s immigrant communities live in fear of threats from federal immigration officials. Our criminal justice system remains racially biased and doesn’t result in safer communities.
So what policies were introduced to address these problems?
Immigration
Several bills were introduced to protect immigrant communities from ICE, however many of the bills never made it to the House floor for a vote. The biggest legislation that made it through was Rep. Mara Gorman’s HB 182, which banned local law enforcement from signing agreements with ICE to carry out immigration raids locally.
Several bills aimed at protecting migrant communities from unfair immigration enforcement laws were introduced. However, few made it across the finish line. Many of the bills that didn’t pass yet were introduced by Rep. Sean Lynn, including measures to
Ensure migrant education programs continue despite federal cuts
Stop police from questioning, detaining or arresting based on immigration status
Stop school resource officers from cooperating with ICE
Stop police from cooperating with ICE in hospitals, places of worship and child care centers.
Electric Bills
Many working class families struggled with skyrocketing electricity bills — facing mounting debt and potential utility shutoffs. Legislation was passed to allow the Public Service Commission to create a new, low-income electric rate. A bill also passed to regulate when utilities could disconnect service for non-payment, especially during extreme weather. However, even if a customer makes a good faith payment, their electricity can still be cut off.
Environment
Rep. Larry Lambert introduced two bills to increase fines given to major polluters and make sure the funds go back into remediation projects in the most affected communities. The Pollution Accountability Act (HB 210), which increased fines for all polluters, passed into law. However, Rep. Carson amended it to cut out all agricultural pollution — which impacts many Sussex County residents. To ensure that Sussex County wasn’t completely cut out, Rep. Lambert introduced HB 222, which would increase fines for agricultural pollution. Although HB 222 passed the House, it was held up in the Senate.
Senate Bill 159 was the political fight that held up the close of the legislative session. SB 159 overrides Sussex County Council’s veto of the permit for the offshore wind substation at the site of the old Indian River Plant. However, as soon as SB 159 passed, it was amended by SB 199, to change the effective date to January 31, 2026, which allows the pending lawsuit to play out. This should allow the wind farm itself to still be built, but its ability to actually bring power ashore is still in question.
Criminal Justice
Delaware made strides in reforms to the criminal justice system, including ending the death penalty and instituting compassionate release for sick and elderly individuals who’ve served most of their sentences in prison. However when it comes to dismantling the debtors’ prison — those policies that punish individuals for being poor– we still have some ways to go. Two bills were introduced to ensure that fines and fees aren’t disproportionately impacting low-income individuals. However, both bills were stalled. This includes HB 133, introduced by Rep. Claire Snyder-Hall, which would have given the courts discretion to waive fines and fees when a defendant may not have the means to pay. Despite getting through the committees and being placed on the agenda for a vote by the full House, HB 133 was removed from the agenda at the last minute.
Healthcare
The General Assembly approved a budget increase of $85 million into Medicaid. However, Congress still threatens to cut Medicaid spending which could mean 41,000 Delawareans lose coverage, according to the Robert Wood Johnson Foundation.
Housing
Delaware is in the midst of a housing crisis, but you’d never know it, given the General Assembly’s slow progress on bills relating to housing justice. Delaware State Housing Authority’s assessment estimates that we are more than 20,000 affordable housing units short. The Affordable Housing Production Task Force released recommendations on how to increase the supply of affordable housing, however not many of the recommendations have been introduced as legislation. These recommendations included a request for $100 million for affordable housing development under the Delaware State Housing Authority. Legislators only allocated $19 million to the agency for affordable housing development.
Few bills were introduced to address the needs of renters. Sen. Lockman introduced legislation that would allow for eviction records to be expunged (this is headed to the Governor’s desk). Unfortunately, Lockman’s other renter protection bill, which would allow renters to avoid eviction if they pay their back-owed rent, is still waiting for a vote by the full Senate. Despite calls from the community, the state legislature failed to introduce any rent stabilization legislation, which would limit how high landlords can raise the rent each year. Wilmington City Council failed to pass rent stabilization by just one vote in early June.
Education
The General Assembly passed a budget that provided increases to teachers’ salaries — but that wasn’t this year’s big education fight. Democratic legislators were arguing whether public schools should provide free breakfast and lunch to all students. Since 2023, Rep. Rae Moore has fought to expand coverage of free school meals to ensure that working class families that don’t qualify for programs like SNAP are covered. However, for the second session in a row, Democrats blocked universal school meals. Rather than supporting Moore’s proposal, Rep. Kim Williams, who chairs both the Education Committee and the budget committee, introduced her own legislation to only provide free breakfasts (HB 91). Williams’ legislation was passed and funded, leaving universal school meals on the table for next year. Additionally, Rep. Madinah Wilson-Anton introduced several bills to increase accountability for school boards.
Democracy & Good Governance
Advocates were successful in establishing the Office of Inspector General. Several other civil right protections were proposed, including constitutional rights to privacy and the right to marry. Big constitutional amendments were proposed to change how elections happen in Delaware, including codifying early voting and absentee voting. Sen. Hoffner introduced SB 14, a constitutional amendment to create an independent commission to redistrict the Senatorial and Representative districts after each 10-year census.
Details on specific legislation below.
How to read this chart:
Green denotes legislation that will generally benefit the working class or the community at large. Red denotes legislation that could negatively impact the working class or community at large. Yellow means the legislation could have mixed results.
Abbreviations
HB - House Bill
SB - Senate Bill
HA - House Amendment
HS - House Substitute
SA - Senate Amendment
SS - Senate Substitute
HCR - House Concurrent Resolution
SCR - Senate Concurrent Resolution
Housing
Delaware is in the midst of a housing crisis, but you’d never know it, given the General Assembly’s slow progress on bills relating to housing justice. Delaware State Housing Authority’s assessment estimates that we are more than 20,000 affordable housing units short. The Affordable Housing Production Task Force released recommendations on how to increase the supply of affordable housing, however not many of the recommendations have been introduced as legislation. These recommendations included a request for $100 million for affordable housing development under the Delaware State Housing Authority. Legislators only allocated $19 million to the agency for affordable housing development.
Few bills were introduced to address the needs of renters. Sen. Lockman introduced legislation that would allow for eviction records to be expunged (this is headed to the Governor’s desk). Unfortunately, Lockman’s other renter protection bill, which would allow renters to avoid eviction if they pay their back-owed rent, is still waiting for a vote by the full Senate. Despite calls from the community, the state legislature failed to introduce any rent stabilization legislation, which would limit how high landlords can raise the rent each year. Wilmington City Council failed to pass rent stabilization by just one vote in early June.
Other notable legislation
Lead-free rental properties (HS 2 for HB 70, Rep. Harris) ensures that rental units must be read-free. This legislation was marred by an amendment requiring a “feasibility study” before the bill’s implementation after much pushback from the landlord lobby. The legislation passed and is waiting for the Governor’s signature.
Creation of the Affordable Housing Rental Program (SB 150, Sen. Huxtable) that would allow for the creation of more affordable rental units. This legislation passed and is waiting for the Governor’s signature.
The Housing Department Task Force (HCR 74, Rep. Harris)was established to explore the creation of a Department of Housing.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
HS 2 for HB 70 | Rep. Harris & Sen. Pinkney | Remediation of Lead-based paint in rental properties. Requires landlords to get a certification that their properties are lead-free. Also requires a feasibility study to be completed by March 2026 before the legislation is enforced. The study will answer a number of specific questions about the feasibility of the law. |
Passed House and Senate. Waiting for the Governor's Signature. |
SS 2 for SB 115 | Sen. Lockman & Rep. K. Johnson | Eviction Expungements Allows for individuals to have their evictions shielded from public view, under certain circumstances, after five years. Notes Eviction filings are public, and are often used by landlords to justify denying housing applications. The well-known health, social, and economic consequences of eviction can thus linger for years after an eviction filing, and trap individuals – including many children and families – in a cycle of poverty and housing instability. |
Passed House and Senate. Waiting for the Governor's Signature. |
SB 150 | Sen. Huxtable & Rep. K. Johnson | Creates the Affordable Rental Housing Program (ARHP) within the Housing Development Fund. ARHP would provide loans to increase the supply of affordable housing for families with very low-, low-, and moderate-incomes, individuals who are elderly, and individuals with disabilities . Notes This would increase the state’s stock of affordable rental homes. |
Passed House and Senate. Waiting for the Governor's Signature. |
SB 132 | Sen. Cruce & Rep. Gorman | Right to Representation This Act updates the Right to Representation statute by moving certain duties to the office of the State Courts Administrator and clarifies terminology used within the statute Notes The bill delays the phase-in deadline for the Tenant’s Right to Representation by 19 months, a step backwards as Delawarean renters face a housing crisis. It additionally moves the oversight for Right to Representation resources from the AG’s office to the State Court Administrator. |
Passed House and Senate. Waiting for the Governor's Signature. |
HB 135 | Rep. Phillips & Sen. Lockman | Dr. Deborah Gilbert White Anti-Cruelty to Delawareans Experiencing Homelessness Act. This bill would ensure that unhoused people are not criminalized for living outside when no shelter is available. It would stop localities from fining, arresting people for living outside when no other shelter is available. It does not allow individuals to occupy private property or block pedestrian or vehicular traffic. Notes In 2024, even though more than 7,100 households needed homelessness assistance, only 952 got referrals to homeless assistance resources (Housing Alliance, 2024). There simply aren’t enough shelter beds or housing resources for everyone. |
Placed in the House Housing Committee, needs to be voted on. |
SS 1 for SB 116 | Sen. Lockman & Rep. K. Johnson | Pay to Stay This Act allows tenants who are being evicted for failure to pay rent to remain in their homes if they pay all amounts owed prior to being evicted. Notes Current law allows landlords to proceed with an eviction even if they receive all the back-owed rent payments. This law would allow individuals who are able to catch up on their rent to stay in their home. |
Passed Senate Housing Committee, needs to be voted on by the full Senate |
SB 87 w/ SA 1 | Sen. Huxtable & Rep. Harris | Accessory dwelling units (ADUs), Requires local governments to allow the construction of ADUs within their jurisdiction. Notes In-law units or garage apartments can help increase Delaware’s housing supply and provide affordable housing units. In order to pass, ⅔ of the Senate and House must vote yes. |
Passed Senate Housing Committee. Needs to be voted on by the full Senate. |
HCR 74 | Rep. Harris & Sen. Hoffner | Housing Department Task Force. Creates a task force to explore the development of a housing department. Notes Delaware doesn’t have a Department of Housing. Delaware State Housing Authority, while implementing some statewide programs, is mostly responsible for housing in Kent and Sussex County. The Department of Health and Social Services, while also implementing some housing and homelessness programs, also is not considered a housing department. |
Passed House and Senate. |
SB 40 w/ SA 1 | Sen. Walsh & Rep. Carson | Manufactured Housing Tenant Receivership Makes a pattern of violations by a landlord of a manufactured home community unlawful and allows the Attorney General to file a petition to establish receivership of a manufactured home community. |
Passed House and Senate. Waiting for the Governor's Signature. |
SJR 8 | Sen. Huxtable & Rep. K. Johnson | Zoning Technical Assistance Pilot Program Directs the Delaware State Housing Authority to create a pilot program for the purpose of providing technical assistance related to zoning ordinance reform to local governments in Delaware. Notes The goal of this pilot program is to help participating local governments identify and implement zoning practices that increase the supply of affordable housing and support goals such as equitable development and economic growth throughout this State. By giving local governments the technical assistance needed to modernize zoning ordinances, this pilot program will help Delaware close its affordable housing gap while allowing local governments the flexibility to adapt best practices to meet their jurisdictional needs. If successful, this pilot program will establish model policies for local government zoning ordinance reforms that can be expanded across this State. |
Passed House and Senate. Waiting for the Governor's Signature. |
HB 185 | Rep. K. Johnson & Sen. Huxtable | Affordable Housing from the Site Readiness Fund Allows an applicant who seeks to create affordable housing to apply for Site Readiness Funds so long as the applicant demonstrates that the affordable housing will increase economic development in the State. Notes Typically, the Site Readiness Fund is used to provide money for commercial and industrial sites to attract businesses that create jobs. It would be good to open the program up to include the development of affordable housing. However, it is unclear how they will measure “increased economic development” and unclear how much affordable housing is required. For example, if a developer is creating a mixed income building, but only 10% of the units are affordable, is that a justified use the funds? |
Failed to pass House Housing Committee. Can be re-heard next year. |
Health Care
The General Assembly approved a budget increase of $85 million into Medicaid. However, Congress threatens to cut Medicaid spending which could mean 41,000 Delawareans lose coverage, according to the Robert Wood Johnson Foundation. Notable health-care related legislation includes
A constitutional right to reproductive freedom (SS1 for SB 5, Sen Townsend) ntroduced and passed the Senate. However it still has to be voted on by the House— requiring ⅔ of the house to vote yes in order for it to pass. Amending the Delaware Constitution requires a ⅔ votes in both the Senate and House, and requires that the legislation passes both this legislative session and the legislative session held after the next general election.
Expansion of hearing aid coverage (SB 117, Sen. Sturgeon) for hearing aides for people under age 24.
End of Life Options Act (HB 140, Rep. Morrison) would allow terminally ill individuals to request and self-administer medication to end their life. This bill was signed into law by the Governor.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
HB 140 | Rep. Morrison & Sen. Townsend | End of Life Options Act Allows a terminally ill individual to request and self-administer medication to end their life. |
Signed by Governor |
SS 1 for SB 5 | Sen. Townsend & Rep. Minor-Brown | Making reproductive freedom a constitutional right in Delaware. Gives individuals a fundamental right to reproductive freedom relating to that individual’s pregnancy. Notes Amending the Delaware Constitution requires a ⅔ votes in both the Senate and House, and requires that the legislation passes both this legislative session and the legislative session held after the next general election. |
Passed Senate. Assigned House Administration Committee, where it needs to be voted on. |
SB 117 | Sen. Sturgeon & Rep. Wilson-Anton | Insurance coverage for hearing aids This Act increases the minimum required coverage for hearing aids by requiring insurers to cover the entire cost of medically necessary hearing aids, and the services of a hearing care professional related to prescribing, fitting, or dispensing the hearing aid or earmold, for individuals younger than 24 years old, covered as a dependent by the policyholder. Insurers are required to cover hearing aids at least every 3 years, or sooner if new hearing aids are medically necessary. Notes Currently law only requires private insurers to provide a minimum of $1,000 for hearing aids for people under the age of 24. However, hearing aids can cost as much as $5,000, which is too expensive for working class families that do not qualify for Medicaid coverage.. |
Placed in the Senate Banking & Insurance Committee, where it needs to be voted on. |
SB 12 w/ SA 1 | Sen. Townsend & Rep. Griffith | Delaware Pre-Authorization Reform Act of 2025. Creates consumer protections for pre-authorization to ensure more clarity on timelines, clear process on appeals, and requiring quicker response times for patients. |
Passed House and Senate. Waiting for the Governor's Signature. |
Education
The General Assembly passed a budget that provided increases to teachers’ salaries— but that wasn’t this year’s big education fight. Legislators were arguing on whether to feed students— that is– whether public schools should provide free breakfast and lunch to all students. Since 2023, Rep. Rae Moore has fought to expand coverage of free school meals to ensure that working class families that don’t qualify for programs like SNAP are covered. However, for the second session in a row, Democrats blocked universal school meals. Rather than supporting Moore’s proposal, Rep. Kim Williams, who chairs both the Education Committee and the budget committee, introduced her own legislation to only provide free breakfasts (HB 91). Williams’ legislation was passed and funded, leaving universal school meals on the table for next year.
Legislation | House/Senate Sponsors | Description | Status |
---|---|---|---|
HB 125 w/ HA 1 and HA 2 | Rep. Moore & Sen. Lockman | Universal Free School Meals Requires all public schools to offer free breakfast and lunch to students who qualify for a reduced-price meal. Amendments would ensure the program is enacted over five years by 2030 and that if federal funds were cut, the state would determine a plan to continue the program. Notes It would benefit all school children through increased academic performance, reduced behavioral issues, and can increase food security for entire families. This legislation was introduced in 2023, and again in 2025. Rather than passing universal school meals, Democrats decided to only fund free school breakfast for schools not already providing it (see HB 91) |
Passed House Education Committee. Placed in the House Appropriations Committee, where it needs to be voted on. |
HS 1 for HB 91 | Rep. K. Williams & Sen. Walsh | Free School Breakfast This expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility. Notes Universal school meals (HB 125), would have provided free school breakfast and lunch to all students, regardless of their income. However, Democrats in the House refused to fund HB 125. This bill falls short because it also doesn’t provide a plan for what happens when federal funds are cut. |
Passed House & Senate. Needs to be signed by the Governor. |
House Bill 160 | Rep. Short & Sen. Mantzavinos | Delaware National Guard Education Benefits switch from reimbursement to direct payments. Allows more members of the Delaware National Guard to take advantage of the education benefits since this removes the barrier of the initial upfront cost members would need to pay before they could get reimbursed. |
Passed House & Senate. Needs to be signed by the Governor. |
HB 32 | Rep. Shupe & Sen. Lawson | Adding more school resource officers in public schools This Act funds at least 1 school officer in each school in a school district and in each charter school. Notes The legislation would provide increased funding for police in schools, which further perpetuates the school-to-prison pipeline. Educators and advocates are asking for more mental health professionals, counselors, and restorative practices. |
Failed to pass House Education Committee |
HS 1 for HB 15 | Rep. Moore & Sen. Townsend | Play-based Learning Allows early childhood educators in the public schools to use and encourage play-based learning in their classrooms and in their curriculum. |
Passed House & Senate. Needs to be signed by the Governor. |
HB 82 w/ SA 1 | Rep. Wilson-Anton & Sen. Sokola | School Board Member Residency Requires that a school board candidate and member be an live in the district they represent. |
Passed House & Senate. Needs to be signed by the Governor. |
Jobs & Economy
This year’s biggest fight revolved around one of Delaware’s golden goose— the Chancery Court. SB 21 would make it harder for small investors to challenge deals in court that companies had previously struck with their founders or other powerful shareholders. This legislation was signed into law early in the year by Matt Meyer. Supporters said it would stop corporations from leaving Delaware, but since it passed several corporations have left, citing the legislation as their reason for going.
Legislation | House/Senate Sponsors | Description | Status |
---|---|---|---|
HS 2 for HB 13 | Rep. Lynn & Sen. Hoffner | Personal Income Tax Reform This legislation would add new tax brackets, but those with income above $188,500 would not see an increase in personal income taxes. 94% of taxpayers would see an overall tax decrease under this legislation, as it would decrease taxable income for those earning under $60K. This bill would not provide more revenue for the state. Notes Currently, those with incomes above $60K are taxed at one rate. This means that someone with a $60K salary is taxed the same as someone with a $600K salary. Personal income tax reform has the potential to both ensure that the wealthiest Delawareans pay their fair share, while also increasing the state’s revenue. However, the final edits on this bill would have resulted in no new revenue for Delaware. Also, the wealthiest earners would still not be required to pay their fair share. One benefit however, would be lower taxes for working class families. |
Failed to pass in House Revenue Committee |
SS 1 for SB 156 w/ SA 1 and SA 2 | Sen. Mantzavinos & Rep. K. Williams | Bans use of medical debt in housing, credit, or employment decisions. This would prohibit the reporting of medical debt to consumer reporting agencies and prohibit any medical debt from being included on a consumer report. It would ensure that medical debt is not used in credit, employment, or housing decisions. |
Passed House & Senate. Needs to be signed by the Governor. |
HB 126 | Rep. Shupe & Sen. Buckson | Exempting overtime work from state income tax Any income received by a full-time hourly wage-paid employee for overtime work would be exempted from state income taxes. This would only be for taxable years beginning on January 1, 2026, and ending before January 1, 2028. This act would cost the state more than $30 million dollars in loss revenue. Notes Although working class families need all the help they can get, this would only apply to those hourly workers who get overtime. Salary workers would not be covered. The state would lose $30 million in revenue annually. Personal income tax reform could ensure that all working class families get relief, while increasing revenue for the state by ensuring that the wealthiest pay their fair share. |
Assigned to the House Revenue Committee but not worked in the committee. |
HS 2 for HB 105 | Rep. Ross Levin & Sen. Sturgeon | Pay Range Transparency This requires that employers include salary or wage range information and a general description of benefits in all postings for job opportunities, and ensures that applicants have access to that information prior to any offer or discussion of compensation. Notes Pay range transparency empowers job applicants with crucial information to negotiate salaries and make informed career decisions. It also encourages businesses to proactively review compensation practices, address unjustified pay disparities, and strengthen their ability to attract and retain top talent. |
Passed House & Senate. Needs to be signed by the Governor. |
SS 1 for SB 21 | Sen. Townsend & Rep. Griffith | Billionaires Bill. This bill would make it harder for small investors to challenge deals in court that companies had previously struck with their founders or other powerful shareholders. |
Signed into Law by Governor |
Energy & Environmental Justice
The biggest issue impacting working class families was skyrocketing electric bills. After January’s cold-snap, some people’s bills doubled in comparison to the previous year. Legislators proposed legislation to address the issue, including creating a fund to help middle-class families pay their electric bills and changing when utilities could do shutoffs. However, with a hot summer ahead, electric bills are expected to be even higher.
Rep. Larry Lambert introduced two bills to increase fines given to major polluters and make sure the funds go back into remediation projects in the most affected communities. The Pollution Accountability Act (HB 210), which increased fines for all polluters, passed into law. However, Rep. Carson amended it to cut out all agricultural pollution — which impacts many Sussex County residents. To ensure that Sussex County wasn’t completely cut out, Rep. Lambert introduced HB 222, which would increase fines for agricultural pollution. Although HB 222 passed the House, it was held up in the Senate.
Senate Bill 159 was the political fight that held up the close of the legislative session. SB 159 overrides Sussex County Council’s veto of the permit for the offshore wind substation at the site of the old Indian River Plant. However, as soon as SB 159 passed, it was amended by SB 199, to change the effective date to January 31, 2026, which allows the pending lawsuit to play out. This should allow the wind farm itself to still be built, but its ability to actually bring power ashore is still in question.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
HB 210 w/ HA 1 | Rep. Lambert & Sen. Poore | Pollution Accountability Act Increases the fines for pollution violations from major commercial polluters, and gives funds back to community environmental projects located within a 2-mile radius of the violation or infraction. Notes Holds commercial polluters accountable by increasing the fines they pay for violating polluter laws. This legislation was amended to remove agricultural fines, having a large impact on Sussex County residents. Rep. Lambert introduced HB 222 to address fines for agricultural pollution separately. |
Passed House and Senate. Waiting for the Governor’s signature. |
HB 222 | Rep. Lambert & Sen. Poore | Act addressing Agricultural Pollution Increases the fines for agricultural pollution. Notes This puts more of the cost of pollution on those responsible for it. This would impact many individuals in Sussex County who are affected by the fertilizer and pesticides used by nearby farms. This bill was on the Senate agenda for June 30, but pulled at the last minute by Senate leadership. |
Passed House. Passed Senate Executive Committee. Still needs to be voted on by the full Senate. |
HB 176 | Rep. Collins & Sen. Huxtable | This bill promotes equipment owner choice and competition for repair and maintenance services by requiring manufacturers of agricultural equipment to make available to owners and independent repair providers, on fair and reasonable terms, the same documentation, parts, and tools used to diagnose, maintain, and repair such equipment created by the manufacturer for the purposes of repair. Notes The goal is to make it cheaper for farmers to have their equipment repaired. |
Placed in the House Agricultural Committee, , where it needs to be voted on. |
SB 84 | Sen. Huxtable & Rep. Carson |
Strengthens Right to Farm Laws Protects farms against nuisance lawsuits when they comply with all applicable laws. It also adds that if a complaint is lodged and the defendant wins, the plaintiff will be responsible for paying court fees. Notes This could provide greater protection to small farms going under due to legal fees, however the legislation applies to small and large farms. However, it's unclear the impact this could have on accountability for environmental pollution. |
Placed in Senate Agriculture Committee, waiting for a vote |
SB 35 | Sen. Hoffner & Rep. Bush | Provides real estate tax relief for agricultural land The act is intended to help small and medium farms survive real estate taxes imposed by the counties. Notes It may be beneficial for small farms, but this bill will cut $937,314.25 from Kent County public schools alone, with the impact on New Castle and Sussex County undetermined. |
Placed in Senate Finance Committee, waiting for a vote |
SB 72 | Sen. Brown & Rep. Heffernan |
Alert the public to excess forever chemicals (PFAS) in water Public water utilities will be required to tell consumers when the level of PFAS in drinking water exceeds maximum contamination levels. These chemicals are linked to a series of negative health outcomes, especially for children. This would start this year, as opposed to the federally set start for 2027. Enforcement begins in 2029. Notes This will allow consumers to make educated decisions about the safety of their water before the federally set time of 2027. |
Passed House and Senate. Waiting for Governor’s signature |
HS 1 for HB 50 w/ HA 1, HA 2, SA 1 | Rep. Heffernan & Sen. Hansen | Creates the Delaware Energy Fund This fund would provide financial assistance for energy bills to consumers whose household income is less than 350% of the federal poverty level. |
Passed House and Senate. Waiting for Governor’s signature |
HS 1 for HB 62 w/ HA 1 | Rep. Ross Levin & Sen. Hansen | Utility Shutoffs Creates restrictions around when utility shutoffs can happen during extreme weather, and stopping shutoffs for certain populations. Notes Although this puts more stringent guidelines in place regarding utility disconnections, the legislation still allows shut-offs to occur even if an individual is making good faith payments. |
Signed by Governor |
HS 2 for HB 116 | Rep. Heffernan & Sen. Hansen | Creates a discounted electric rate for low-income customers. Gives Public Service Commission the ability to make a discounted gas or electric residential utility rate for qualified low-income customers. |
Passed House and Senate. Waiting for Governor’s signature |
SB 59 | Sen. Hansen & Rep. Heffernan | Prudence Standard Sets a higher bar (prudence standard, rather than business judgment rule) for the Public Service Commission (PSC) to approve utility upgrades, which can avoid unnecessary increases in ratepayer bills. |
Passed House and Senate. Waiting for Governor’s signature |
SB 159 w/ SA 1 and HA 1 | Sen. Hansen & Rep. Snyder-Hall | Offshore Wind Substation Overrides Sussex County Council’s veto of the permit for the offshore wind substation at the site of the old Indian River Plant. It was immediately amended by SB 199, which sets the effective date for SB 159 to January 31, 2026, which likely allows the pending lawsuit to play out and gives legislators a month to introduce new legislation in the second half of the legislative session, if necessary. |
Signed by governor |
SB 199 | Sen. Sokola & Rep. Minor-Brown | Amends SB 159 Sets the effective date for SB 159 to January 31, 2026, which likely allows the pending lawsuit to play out and gives legislators a month to introduce new legislation in the second half of the legislative session, if necessary. |
Passed House and Senate. Waiting for Governor’s signature. |
Policing and Criminal Justice
Delaware made strides in reforms to the criminal justice system, including ending the death penalty and instituting compassionate release for sick and elderly individuals who’ve served most of their sentences in prison. However when it comes to dismantling the debtors’ prison— those policies that punish individuals for being poor, we still have some ways to go. Two bills were introduced to ensure that fines and fees aren’t disproportionately impacting low-income individuals. This includes HB 133, introduced by Rep. Claire Snyder-Hall, which would have given courts discretion to waive fines and fees when a defendant may not have the means to pay. Despite getting through the committees and being placed on the agenda for a vote by the full House, HB 133 was removed from the agenda at the last minute. Other notable bills:
Banning private prisons from Delaware (HB 51, Rep. Gorman) was introduced but didn’t even get a committee hearing.
Probation reform (SB 7, Sen. Pinkney) is waiting to be signed into law, and would direct the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
HB 132 | Rep. Phillips & Sen. Sturgeon | Repeals fees that fund videophone systems used by state and local government Repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. Notes The elimination of these fees was recommended by the 2023 Criminal Legal System Imposed Debt Study Group. Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. |
Assigned to House Appropriations, where it still must be voted on. |
HB 133 w. HA , HA 2, HA 3 | Rep. Snyder-Hall & Sen. Brown | Ability to pay criminal fines and fees Gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances where a defendant may not have the means to pay. Notes Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteenth Amendment prohibits “punishing a person for his poverty.” |
Passed House Judiciary Committee. This bill was scheduled for a vote by the full House, but then was removed from the agenda. |
HB 151 | Rep. Gorman & Sen. Seigfried | Prohibits the operation of private detention facilities in the State of Delaware. Notes Ensures that private prisons cannot operate in Delaware. Currently, all of Delaware’s prisons are state operated. |
Introduced and Assigned to House Judiciary Committee |
HS 1 for HB 35 | Rep. Lynn & Sen. Hoffner | Prohibits the death penalty from being used in Delaware. |
Passed House and Senate. Waiting for the Governor's Signature. |
SS1 for SB 10 | Sen. Townsend & Rep. Minor-Brown | Compassionate Release: Richard “Mouse Smith” Act. Expands who is eligible to apply for consideration for a sentence modification by the Courts, with considerations for age, health status, and the amount of time they have served. Notes Currently, the Department of Correction already reviews cases based on good cause, which includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. However, this legislation would change the process so that rather than going through the Board of Parole for approval, this would go directly to the sentencing court. |
Passed House and Senate. Waiting for the Governor's Signature. |
SB 32 w/ SA 1 | Sen. Hoffner & Rep. Carson | Correctional and probation and parole officers secrecy Allows correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. Notes While there are instances where the personal information needs to be protected, this legislation allows for complete secrecy. It raises concerns about police secrecy, specifically when police misconduct occurs in prisons and there is very little recourse for the victims who are imprisoned. Its also unclear where the Department of Corrections currently posts personal information of correctional officers— raising questions about why this bill was introduced. |
Passed House and Senate. Waiting for the Governor's Signature. |
SB 7 w/ SA 1 | Sen. Pinkney & Speaker Minor Brown | Probation reform. Modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision. |
Passed House and Senate. Waiting for the Governor's Signature. |
SS 1 for SB 8 | Sen. Pinkney & Rep. Romer | Probation Reform Codifies the standard conditions of probation to be used by the courts and the Department of Correction. Notes A 2020 report by the ACLU of Delaware made recommendations on reforms that could be made to make Delaware’s probation system more effective for rehabilitation and equitable for individuals placed on probation. These changes included restricting the use of incarceration for technical violations of probation, such as substance use or missing curfews. Changes to this legislation added drug testing and curfews back into the list of standard conditions, defeating the purpose of reform. |
Assigned to Senate Finance Committee, where it must be voted on. |
SB 11 | Sen. Townsend & Rep Chukwuocha | Pretrial Detention/Bail Reform 2nd leg constitutional amendment to reform the bail system and move from cash bail to risk-based assessments for pretrial detention. Notes While this sounds good in theory, expanding the list of offenses for which people can be held in jail while awaiting trial could be problematic, and we will have to wait to see if this does get implemented equitably. |
Passed House and Senate. Waiting for the Governor's Signature. |
HB 145 | Rep. Wilson-Anton & Sen. Pinkney | Reverse location and keyword search ban Bans the government from obtaining location data or technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. Notes This would prevent law enforcement in Delaware and other states from serving broad (and possibly unconstitutional) warrants for everyone in a certain area or who searched certain keywords online. This is supported by the ACLU. |
Assigned to House Judiciary Committee, where it must be voted on. |
Immigration
Several bills aimed at protecting migrant communities from unfair immigration enforcement laws were introduced. However, few made it across the finish line. Many of the bills that didn’t pass yet were introduced by Rep. Sean Lynn, including measures to
Ensure migrant education programs continue despite federal cuts
Stop police from questioning, detaining or arresting based on immigration status
Stop school resource officers from cooperating with ICE
Stop police from cooperating with ICE in hospitals, places of worship and child care centers.
All of these bills are still waiting to be voted on by the full House. One bill that is headed to the Governors desk is HB 182, which would restrict local police from entering into agreements with immigration enforcement authorities. This was introduced by Rep. Gorman.
Legislation | House/Senate Sponsors | Description | Status |
---|---|---|---|
HB 150 w/ HA 1 and HA 2 | Rep. Gorman & Sen. Sturgeon | This bill prohibits civil arrests from being made in courthouses without a judicial warrant. | Passed House Judiciary Committee, needs to be voted on by the full House. |
HB 44 | Rep. Lynn & Sen. Hoffner | Requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. If federal funding is cut, the Delaware Department of Education must find supplemental funding from the State or other sources to ensure the program continues. |
Passed House Administration Committee. Needs to pass the House floor. |
HB 58 | Rep. Lynn & Sen. Hoffner | Stops police from arresting or questioning individuals based on their immigration status Stops law enforcement officers in Delaware from arresting, stopping, questioning or searching someone based on their immigration status. Also stops them from asking about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number. |
Passed House Judiciary Committee. Needs to be voted on by the full House. |
HB 93 w/ HA 1 | Rep. Lynn & Sen. Hoffner | Stops school resource officers from cooperating with ICE This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General. |
Passed House Judiciary Committee. Needs to be voted on by the full House. |
HB 95 | Rep. Lynn & Sen. Hoffner | Ensures that schools and companies with digital student data don’t share student information with ICE This stops public schools and the Department of Education that hold digital student data from sharing student information with immigration enforcement agencies without permission from the Delaware Attorney General. |
Passed House Education Committee. Needs to be voted on by the full House. |
HS 1 for HB 94 | Rep. Lynn & Sen. Hoffner | Stops law enforcement from cooperating with ICE at child care centers, places of worship, or hospitals. This restricts law enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, places of worship, or health-care facilities without permission from the Attorney General. |
Passed House Public Safety Committee. Needs to be voted on by the full House. |
HB 182 | Rep. Gorman & Sen. Lockman | Restricts local law enforcement from collaborating with immigration enforcement Prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. |
Passed House & Senate. Needs to be signed by the Governor. |
Good Governance and Civil Rights
Advocates were successful in establishing the Office of Inspector General. Several other civil right protections were proposed, including constitutional rights to privacy and the right to marry.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
SB 4 w/ SA 1, SA 2, SA 3 | Sen. Sturgeon & Rep. Romer | Establish the Office of the Inspector General | Passed House and Senate. Waiting for Governor’s signature |
HB 14 | Rep. Lynn & Sen. Hoffner | Constitutional Right to Privacy Amends the Delaware Constitution to ensure that the right of individual privacy is enshrined in law. Notes Amending the Delaware Constitution requires a ⅔ votes in both the Senate and House, and requires that the legislation passes both this legislative session and the legislative session held after the next general election. |
Passed House Administration Committee. Needs to be voted on by the full House. |
SS 2 for SB 100 | Sen. Huxtable & Rep. Snyder-Hall | Creating a constitutional right to marry. Ensure that the right to marry is a fundamental right that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex. Ensures that all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion. |
Passed Senate. Placed in House Administration Committee, where it needs to be voted on. |
Elections & Voting
Big constitutional amendments were proposed to change how elections happen in Delaware, including codifying early voting and absentee voting. Sen. Hoffner introduced SB 14, a constitutional amendment to create an independent commission to redistrict the Senatorial and Representative districts after each 10-year census. Rep. Bolden introduced legislation to change the date of primary elections to match the date of the presidential primary.
Legislation | House/Senate Sponsor | Description & Notes | Status |
---|---|---|---|
HB 65 | Rep. Bolden & Sen. Poore | Changes the date of primary elections for local office to match the date of the Presidential primary, in presidential election years. This would enact after primary elections after December 31, 2026. Notes Fewer voters participate in primary elections than in general elections. Moving the date of the primary could increase voter turnout, as more voters are aware of presidential elections than local elections. |
Passed House. Passed Senate Elections Committee. Needs to be voted on by the full Senate. |
SB 14 | Sen. Hoffner & Rep. Snyder-Hall | Redistricting Commission Creates an independent redistricting commission to redistrict Senatorial and Representative districts following each federal decennial census. Notes The Commission is responsible for drawing the boundaries of Delaware's Representative and Senatorial districts every 10 years, following each decennial census. The process begins with the selection of a pool of 24 potential Commission members by a bipartisan judicial panel from applications filed with the Commissioner of Elections. |
Passed Senate Executive Committee. Needs to be voted on by the full Senate. |
SS 1 for SB 2 | Sen. Brown & Rep. Bush | Early Voting Allows for in-person, early voting for the general election, primary election, and a special election. This is a constitutional amendment. |
Passed Senate. Passed House Administration Committee. Needs to be voted on by the full house. |
SS 1 for SB 3 | Sen. Brown & Rep. Bush | Constitutional right to absentee voting. | Passed Senate. Passed House Administration Committee. Needs to be voted on by the full House. |