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2025 Delaware Legislative Recap: Key Developments and What’s Ahead

July 2025 — The first session of the 153rd General Assembly concluded on June 30, 2025, marking a pivotal year for Delaware’s legislature. From sweeping budget measures to controversial policy shifts, lawmakers addressed a wide array of issues that will shape the state’s future. Below is a comprehensive look at the legislation passed in 2025, as well as key bills still in play for 2026.


Major Bills Passed in 2025

Budget and Government Restructuring

  • Delaware’s FY2026 budget passed with a 7.4% increase in general spending despite declining long-term revenue forecasts. The Bond Bill and Grants-in-Aid were also finalized.

  • The state established a new Office of Veterans Affairs and a non-partisan Office of the Inspector General to better address citizen needs and government oversight.

  • SB20 revised the Delaware Corporate Code in response to recent Chancery Court rulings that had prompted concerns over corporate departures.

  • The General Assembly passed the first leg of a constitutional amendment to ban the death penalty. It must pass again in 2027 or 2028 to take effect.

  • HB140 legalized physician-assisted suicide after a decade-long debate.

  • An executive order signed by the governor established Delaware as a “sanctuary state” for gender-affirming care providers.

  • HB205 grants legal protection to healthcare providers performing procedures that are legal in Delaware but banned in other states.

  • SB159 authorized a wind farm substation by overriding Sussex County Council’s zoning denial, sparking debate over state vs. local authority.


Criminal Justice and Social Policy

  • SB7 modernized Delaware’s probation system with less intrusive requirements.

  • SB10 allows sentence modification under conditions such as illness, age, or rehabilitation, with authority shifted back to the original sentencing court.

  • Bills such as HB142, HB152, HB153, and HB182 established limits on law enforcement cooperation with federal immigration authorities.

  • HB36 and HB37 expanded anti-discrimination protections and updated the definition of public accommodations.

  • A package of school board governance bills (HB64, HB77, HB82, HB83, HB85) introduced new rules on board conduct and residency.

  • HB29 created a School Performance Score Card to provide visibility into academic results.

  • HB119, concerning access to library materials, restricted local control over content selection, transferring decision-making to a state board.

  • HB203 added a new requirement: high school students must complete a half-credit in financial literacy to graduate.


Key Bills Carried Over to 2026

Budget and Taxation

  • HS2 for HB13 proposes new income tax brackets for higher earners. It was deferred due to improved 2026 revenue estimates.

  • HB72, HB73, and HB108 aim to expand tax relief for seniors and retirees but did not advance.

Voting and Elections

  • SB2 and SB3 propose constitutional amendments for early in-person and no-excuse absentee voting. Both passed their first legs and will need second votes in 2027 or 2028.

  • HB65 would move primary elections to April, aligning them with presidential primaries. It remains under Senate review.

  • Additional pending bills include HB180 (voting rights expansion), HB184 (redistricting reform), and HB206 (resign-to-run requirements).

Immigration

  • Bills HB58 through HB96 continue efforts to restrict state and local cooperation with federal immigration enforcement. Several are awaiting votes or have been assigned to committee.


Second Amendment and Criminal Justice

  • HB4 updated the definition of firearms in state law.

  • HB35 passed the first leg of a constitutional amendment to eliminate the death penalty.

  • HB123 made discharging a firearm at a structure a Class E felony.

  • HB82 expanded Delaware’s red flag laws from one to five years with annual review opportunities.

  • SB11 completed the second leg of a constitutional amendment to modernize bail laws, allowing “no bail” options for certain serious offenses.


Education Legislation

  • HB29 established a School Performance Card for public accountability.

  • HB91 guarantees free school breakfasts to all students starting in 2026–2027.

  • HB119 passed despite criticism for limiting local control over school library materials.

  • HB203 requires high school students to complete a half-credit financial literacy course.

  • SB106 requires school districts to create policies limiting student cellphone use; it carries over to 2026.

  • SB52 enables retired state workers to return to classrooms, easing staffing shortages.


Environment and Energy

  • HB50 created the Delaware Energy Fund to assist low-income households.

  • HB175 raised DNREC fees to support regulatory enforcement.

  • HB210 increased fines for commercial polluters.

  • SCR18 created a nuclear energy task force; SJR1 extended a solar net metering study deadline.

  • Proposals to roll back the EV mandate, revise the Renewable Portfolio Standard, or leave the Regional Greenhouse Gas Initiative remain under review for 2026.


Health and Family Rights

  • SB5 passed the first leg of a constitutional amendment to enshrine abortion rights in Delaware.

  • HB14 aims to codify a right to privacy, supporting abortion access, and remains on the House Ready List.

  • HB54 established the Office of Suicide Prevention.

  • HB135, which expands homeless rights to include living in public spaces, carries over to 2026.

  • SB55 (the SAFE Act), which would ban gender-transition procedures for minors and block public funding, remains stalled in committee.


Equal Rights and Inclusion

  • HB36 and HB37 updated Delaware’s anti-discrimination laws, adding new protected classes like pansexual and asexual.

  • HB115, which proposes protections based on body size and weight, and SB78, expanding school anti-discrimination policies, will be considered next year.

  • SB27 would create the Office of New Americans to support immigrant integration; it awaits Senate Finance action.


Administrative and Corporate Governance

  • SB4 created the Office of the Inspector General.

  • SB21 restructured Delaware’s corporate code to address business retention concerns.

  • SB156 prohibits medical debt from impacting credit, housing, or employment.

  • HB1 elevated veterans affairs to a cabinet-level department.

  • HB10 amended the state constitution to remove gender-specific language.

  • HB234 seeks to allow all state employees to unionize; it’s set for 2026 review.


Government Overreach and Local Control

  • SB159’s override of Sussex County zoning sparked backlash for overreach.

  • HB105 requires pay range transparency for businesses.

  • HB111 proposes limits on automatic distribution of single-use utensils.

  • SB87 would permit accessory dwelling units statewide, overruling local zoning.

  • A 2025 executive order blocked state cooperation in investigations related to gender-affirming care, mirroring protections from a 2024 bill that failed under public opposition.


Final Thoughts

The 2025 legislative session delivered major policy shifts in healthcare, criminal justice, education, and environmental regulation. Many high-profile proposals will return in 2026 as lawmakers resume the second half of the 153rd General Assembly.

Stay informed. Stay involved. Public engagement makes a difference.

Brent Burdge – Legislative Analyst, Delaware Live
Brent Burdge, Legislative Analyst

Brent Burdge, Legislative Analyst, Delaware LIVE News

Brent Burdge joins Delaware LIVE as a Legislative Analyst, bringing a unique blend of technical expertise, civic engagement, and analytical insight. For the past five years, Brent has led a grassroots initiative focused on helping local citizens better understand the workings of the Delaware General Assembly. His new role expands this mission to a broader audience, aiming to make legislative activities more accessible and transparent for the public.

Brent holds a degree in Engineering from Kansas State University and brings decades of professional experience from his successful corporate career at DuPont Performance Coatings and Axalta Coating Systems. Over the years, he has held leadership roles in Engineering, Operations, IT, and Supply Chain Management.

A Wilmington resident for over 35 years, Brent combines his passion for civic education with a strong background in business and data analysis to shine a light on the often complex legislative process in Dover. With the General Assembly considering upwards of 900 bills—and as many as 1,800 pieces of legislation including amendments and resolutions—his goal is to distill the most impactful and relevant developments for citizens. Through his work, Brent strives to empower Delawareans with the knowledge they need to understand how legislative decisions affect their lives, priorities, and communities.